the Dean of Edinburgh while he was performing his Office and after that was done re-inforced their assault upon the Bishops whom the Earls of Roxbrough and Traquaire pretended to protect who indured some affronts that their Patience might provoke a greater rage in the Multitude which a vigorous punishment had easily extinguish'd For they that are fierce in a croud being singled through their particular fears become obedient And that Rabble that talks high against the determinations of their Prince when danger from the Laws is within their ken distrust their Companions and return to subjection But it soon appeared that this was not the bare effort of a mutinous Multitude but a long-formed Conspiracy and to this Multitude whose present terrour was great yet would have been contemptible in a short space there appeared Parties to head them of several Orders Who presently digested their Partisans into several Tables and concocted this Mutiny into a formal Rebellion To prosecute which they mutually obliged themselves and the whole Nation in a Covenant to extirpate Episcopacy and whatsoever they pleased to brand with the odious names of Heresie and Superstition and to defend each other against all Persons not excepting the King To reduce this people to more peaceful Practices the King sends Marquess Hamilton one who being caressed by His Majestie 's Favour had risen to such a degree of Wealth and Greatness that now he dreamed of nothing less than Empire to bring his Power to perfection at least to be Monarch of Scotland to which he had some pretensions by his birth as His Commissioner Who with a species of Loyalty dissembled that pleasure which he took in the opposition of the Covenanters whose first motions were secretly directed by his Counsels and those of his Dependents Traquair and Roxbrough for all his Allies were of that Party contrary to the custom of that Country where all the Members of a Family espouse the part of their Head though in the utmost danger and his Mother rid armed with Pistols at her Saddle-bow for defence of the Covenant By his actings there new seeds of Discontents and War were dayly sown and his Oppositions so faint that he rather encreased than allayed their fury By several returns to His Majesty for new Instructions he gave time to the Rebels to consolidate their Conspiracy to call home their Exiles of Poverty that were in Foreign Armies and provide Arms for open Force By his false representations of the state of things he induced the King to temporize with the too-potent Corruption of that Nation an Artifice King JAMES had sometimes practised and by granting their desires to make them sensible of the Evils which would flow from their own Counsels Therefore the King gave Order for revoking the Liturgy the High-Commission the Book of Canons and the Five Articles of Perth But the Covenanters were more insolent by these Concessions because they had gotten that by unlawful courses and unjust force which Modesty and Submission had never obtained and imputing these Grants to the King's Weakness not His Goodness they proceeded to bolder Attempts Indicted an Assembly without Him in which they abolished Episcopacy excommunicated the Bishops and all that adhered to them Afterwards they seised upon the King's Revenue surprised His Forts and Castles and at last put themselves into Arms. Provoked with these Injuries the King amasses a gallant Army in which was a very great appearance of Lords and Gentlemen and with these marches and incamps within two miles of Berwick within sight of the Enemy But their present Condition being such as could endure neither War nor Peace they endeavoured to dissipate that Army which they could not overthrow by a pretence to a Pacification For which they petitioned the King who yielded unto it out of His innate tenderness of His Subjects Blood So an Accord was made June 17. An. 1639 and the King disbands His Army expecting the Scots should do the like according to the Articles of Agreement But they being delivered from Fear would not be restrained by Shame from breaking their Faith For no sooner had the King disbanded but they protested against the Pacification printed many false Copies of it that might represent it dishonourable to the King retained their Officers in pay changed the old Form of holding Parliaments invaded the Prerogatives of the Crown and sollicited the French King for an aid of Men and Money This perfidious abuse of His Majestie 's Clemency made those that judge of Counsels by the issue to censure the King's Facility Some wondred how He could imagine there would be any Moderation in so corrupt a Generation of Men and that they who had broken the Peace out of a desire of War should now lay aside their Arms out of a love to Quiet That there would be alwaies the same causes to the Scots of disturbing England and opposing Government their unquiet Nature and Covetousness therefore unless some strong impression made them either unable or unwilling to distract our quiet the King was to look for a speedy return of their Injuries Others attributed the Accord to the King's sense that some eminent Officers in his own Camp were polluted with Counsels not different from the Covenanters and that Hamilton His Admiral had betrayed the seasons of fighting by riding quietly in the Forth of Edinburgh and had secret Conference with his Mother the great Nurse of the Covenant on Shipboard But most referred it to the King 's innate tenderness of His Subjects Blood and to His Prudence not to defile His Glory with the overthrow which seemed probable of a contemptible Enemy where the gains of the Victory could not balance the hazards of attempting it While Men thus discourse of the Scots Perfidiousness An. 1640 the King prepares for another Army and in order thereto calls a Parliament in Ireland and another in England for assistances against the Rebels in Scotland The Irish granted Money to raise and pay Eight Thousand Men in Arms and furnish them with Ammunition Yet this Example with the King's account of the Injuries done to Him and this Nation by the Scots and his promise of for ever acquitting them of Ship-money if now they would freely assist Him prevailed nothing upon the English Parliament whom the Faction drew aside to other Counsels And when the King sent Sr Henry Vane to remind them of His desires and to demand Twelve Subsidies yet to accept of Six but he industriously as was collected from his own and his Sons following practices insisted upon the Twelve without insinuation of the lesser quantity His Majesty would be contented with which gave such an opportunity and matter for seditious Harangues that the House was so exasperated as that they were about to Remonstrate against the War with Scotland To prevent this ominous effect of the falseness of His Servant the King was forced to dissolve the Parliament May 5. yet continued the Convocation which granted Him Four Shillings in the Pound for
Honour than those who had even forced Him to it like those malignant and damned Spirits who upbraid unhappy Souls with those Crimes and ruines to which they themselves have tempted and betrayed them But the heaviest Censor was Himself for he never left bewailing His Compliance or rather Connivence with this Murder till the issue of his Blood dried up those of His Tears By the other Bill He had as some censured renounced His Crown and granted it to those men who at present exercised so Arbitrary a Power that they wanted nothing but length of time to be reputed Kings and this they now had gotten But the more Speculative concluded it an act of especial Prudence for the King made that an evidence of His sincere intention to oblige His people and overcome the Malice of His Enemies with Benefits which the Faction would have usurped and by the boldness of the attempt ingaged the People to them as the only Patrons of their Liberty And they were furnished with an Example for it by their Confederates in Scotland who indicted an Assembly without the King's leave and continued it against His pleasure and as all imitations of Crimes exceed their first pattern it was conceived these men whose furies were more unjust and so would be more fierce intended to improve that Precedent to the extreamest guilt The Bill was no sooner signed but they hastened the Execution and so much the more eagerly because the King desired in a most passionate Letter delivered by the Prince to the Lords that the Excellent Soul which found so much Injustice on Earth might have the more time to fit it self for the Mercy of Heaven But this favour which became Christians to grant agreed not with the Religion of his Adversaries and therefore the second day after he was brought to the Scaffold on Tower-Hill in his Passage thither he had a sight of the Archbishop of Canterbury whose Prayers and Blessing he with a low Obeisance begged and the most pious Prelate bestowed them with Tears where with a greater presence of mind than he had looked his Enemies in the face did he encounter Death and submitted his neck to the stroke of the Executioner He was a person of a generous Spirit fitted for the noblest enterprises and the most difficult parts of Empire His Counsels were bold yet just and he had a Vigour proper for the Execution of them Of an Eloquence next to that of his Master's masculine and most excellent He was no less affectionate to the Church than to the State and not contented while living to defend the Government and Patrimony of it he commended it also to his Son when he was about to die and charged his abhorrency of Sacriledge His Enemies called the Majesty of his Miene in his Lieutenancy Pride and the undaunted execution of his Office on the contumacious the insolency of his Fortune He was censured for committing that fatal Errour of following the King to London and to the Parliament after the Pacification with the Scots at York and it was thought that if he had gone over to his charge in Ireland he might have secured both himself and that Kingdom for his Majesty's Service But some attributed this Counsel to a necessity of Fate whose first stroke is at the brain of those whom it designs to ruine and brought him to feel the effects of Popular Rage which himself in former Parliaments had used against Government and to find the Experience of his own advices against the Duke of Buckingham Providence teaching us to abhor over-fine Counsels by the mischiefs they bring upon their Authors The Fall of this Great Man so terrified the other Officers of State that the Lord High Treasurer resigned his Staff to the Hands from whence he received it the Lord Cottington forsook the Mastership of the Court of Wards and the Guardian of the Prince returned Him to the King These Lords parting with their Offices like those that scatter their Treasure and Jewels in the way that they might delude the violence of their greedy pursuers But the King was left naked of their faithful Ministery and exposed to the Infusions and Informations of those who were either Complices or Mercenaries to the Faction to whom they discovered his most private Counsels When the Earl of Strafford was dead then did the Parliament begin to think of sending away the Scots who hitherto had much impoverished the Northern Counties and increased the charges of the Nation but now they were voted to receive 300000 l. under the notion of a Brotherly assistance but in truth designed by the Faction as a reward for their Clamours for the Earl's Blood yet were they kept so long till the King had passed away more of His Prerogative in signing the Bills to take away the High-Commission and the Star-Chamber After which spoils of Majesty they disband the English and the Scotch Armies August 6. and on the 10th of that Month the King follows them into Scotland to settle if it were possible that Kingdom But the King still found them as before when he satisfied their greedy appetites then would they offer Him their Lives and Fortunes but when gain or advantage appeared from His Enemies they appeared in their proper nature ungrateful changeable and perfidious whom no favours could oblige nor any thing but Ruine was to be expected by building upon their Love While the King was in Scotland labouring to settle that Nation by granting all that the Covetousness and Ambition of their Leaders pretended was for the Publick good and so aimed at no less than a Miracle by His Benefits to reduce Faith which like Life when it is once departed doth never naturally return into those perfidious breasts the Parliament adjourns and leaves a standing Committee of such as were the Leaders or the Servants of the Faction These prepared new Toils for His Majesties return and by them was the Grand Remonstrance formed in it were reckoned for Grievances all the Complaints of Men that were impatient of Laws and Government the Offences of Courtiers the unpleasing Resolves of Judges the Neglects or Rigours of the Ministers of Justice the undigested Sermons of some Preachers yea the Positions of some Divines in the Schools were all exaggerated to defame the present Government both in Church and State and to magnifie the skill of these State-Physicians that offered Prescripts for all these Distempers Beside more easily to abuse the Vulgar who reckon Misfortunes as Crimes unpleasing accidents were represented as designs of Tyranny and those things which had been reformed were yet mentioned as continued burthens From which the People were assured there could be no deliverance but by the Wisdom and Magnanimity of the Remonstrants To prepare the way for this the most opprobrious parts of it were first whispered among the Populacy that by this seeming suppression men impatient of Secrets might more eagerly divulge them and the danger appear greater by an affected silence Then prodigious Calumnies
to such as were tendred to them in the name of the King His Majesty seeing and bewailing His Condition that He must still have to do with those that were Enemies to Peace prepares Himself for the War at the approaching Spring and although this Winter was infamous with many losses either through the neglects or perfidiousness of some Officers yet before the season for taking the Field was come His Counsels and Diligence had repaired those Damages In April he sends the Prince to perfect the Western Association An. 1645 and raise such Forces as the necessities of the Crown which was His Inheritance did require with Him is sent as Moderator of His Youth and prime Counsellor Sr Edward Hide now Lord High Chancellor of England whose faithfulness had endeared Him to His Majesty who also judged his Abilities equal to the Charge in which He continued with the same Faith through all the Difficulties and Persecutions of his Master till it pleased God to bring the Prince back to the Throne of His Fathers and Him to the Chief Ministery of State After their departure the King draws out His Army to relieve His Northern Counties and Garrisons But being on His march and having stormed and taken Leicester in His way He was called back to secure Oxford which the Parliament Army threatned with a Siege But Fairfax having gotten a Letter of the Lord Goring's whom a Parliament Spy had cajoled to trust him with the delivery of it to His Majesty wherein he had desired Him to forbear ingaging with the Enemy till he could be joyned with Him he leaves Oxford and made directly towards the King that was now come back as far as Daventry with a purpose to fight Him before that addition of strength and at a place near Naseby in Northampton-shire both Armies met on Saturday June 14. Cromwell having then also brought some fresh Horse to Fairfax whose absence from the Army at that time the King was assured by some who intended to betray Him should be effected Nevertheless the King would not decline the Battle and had the better at first but His vanquishing Horse following the chase of their Enemies too far a fatal errour that had been twice before committed left the Foot open to the other Wing who pressing hotly upon them put them to an open rout and so became Masters of His Canon Camp and Carriage and among these of His Majesties Cabinet in which they found many of His Letters most of them written to the Queen which not contented with their Victory over His Forces they print as a Trophee over His Fame that by proposing His secret Thoughts designed only for the Breasts of His Wife to the debauched multitude and they looking on them through the Prejudices which the Slanders of the Faction had already formed in their minds the Popular hatred might be increased But the publication of them found a contrary effect every one that was not barbarous abhorred that Inhumanity among Christians which Generous Heathens scorned to be guilty of and the Letters did discover that the King was not as He was hitherto characterized but that He had all the Abilities and Affections as well as all the Rights that were fit for Majesty And which is not usual He grew greater in Honour by this Defeat though he never after recovered any considerable power For the Fate of this Battle had an inauspicious influence upon all His remaining Forces and every day His losses were repeated But though Fortune had left the King yet had not His Valour therefore gathering up the scattered remains of His broken Army He marches up and down to encourage those whose Faith changed not with His Condition At last attempting to relieve Chester though He was beset behind and before and His Horse wearied in such tedious and restless Marches yet at first He beat Poyntz off that followed but by being charged by fresh Souldiers from the Leaguer and a greater Number He was forced to retreat and leave some of His gallant Followers dead upon the place After this He draws towards the North-East and commands the Lord Digby with the Horse that were left to march for Scotland and there to join with Montross who with an inconsiderable company of Men had got Victories there so prodigious that they looked like Miracles But this Lord was surprised before he could get out of Yorkshire for His Horse having taken 700 of the Enemies Foot were so wanton with their Success that they were easily mastered by another Party and he himself was compelled to fly into Ireland These several overthrows brought another mischief along with it for the King's Commanders and Officers broke their own Peace and Agreement which is the only Comfort and Relief of the Oppressed and which makes them considerable though they are spoiled of Arms by imputing as it useth to be in unhappy Councils the criminous part of their Misfortunes to one another But many gallant Persons whom Loyalty and Religion had drawn to His Service endured the utmost hazards before they delivered the Holds He had committed to their trust and by that means employing the Enemies Arms gave the King time who was at last returned to Oxford to provide for His Safety Hither every day sad Messages of Ruines from every part of the Nation came which though they seemed like the falling pieces of the dissolved World yet they found His Spirit erect and undaunted For He was equal in all the Offices of His Life tenacious of Truth and Equity and not moveable from them by Fears a Contemner of worldly Glory and desirous of Empire for no other reason but because He saw these Kingdoms must be ruined when He relinquished the care of them But that which most troubled Him were the Importunities of His own disconsolate Party to seek for Conditions of Peace which He saw was in vain to expect would be such as were fit to accept for His former experience assured Him that these Men would follow the Counsels of their Fortune and be more Insolent now than ever And for Himself He was resolved not to Sacrifice His Conscience to Safety nor His Honour to Life This He often told those that thus pressed Him and did profess in His Letter to Prince Rupert who likewise moved Him to the same that He would yield to no more now than what He had offered at Uxbridge though He confessed it were as great a Miracle His Enemies should hearken to so much Reason as that He should be restored within a Month to the same Condition He was in immediately before the Battle at Naseby But yet to satisfie every One how tender He was of the Common Safety He sent several Messages to the Parliament for a Treaty and offers to come Himself to London if He may have security for Himself and Attendants All which were either not regarded or answered with Reproaches And because the people began to murmure at so great an earnestness of the Faction to
Truth but follow their own Fancies 3. Ratione Finis when the Interpretation is not proposed as Authentical to bind others but is intended only for our own private satisfaction The first is not to be despised the second is to be exploded and is condemned by the Apostle Peter the third ought not to be censured But that Interpretation which is Authentical and of supreme Authority which every mans conscience is bound to yield unto is of an higher nature And although the General Council should resolve it and the Consent of the Fathers should be had unto it yet there must always be place left to the judgment of Discretion as Davenant late Bishop of Salisbury beside divers others hath learnedly made appear in his Book De Judice Controversiarum where also the Power of Kings in matter of Religion is solidly and unpartially determined Two words only I add One is that notwithstanding all that is pretended from Antiquity a Bishop having sole power of Ordination and Jurisdiction will never be found in Prime Antiquity The other is that many of the Fathers did unwittingly bring forth that Antichrist which was conceived in the times of the Apostles and therefore are incompetent Judges in the Question of Hierarchy And upon the other part the Lights of the Christian Church at and since the beginning of the Reformation have discovered many secrets concerning the Antichrist and his Hierarchy which were not known to former Ages And divers of the Learned in the Roman Church have not feared to pronounce That whosoever denies the true and literal sense of many Texts of Scripture to have been found out in this last Age is unthankful to God who hath so plentifully poured forth his Spirit upon the Children of this Generation and ungrateful towards those men who with so great pains so happy success and so much benefit to God's Church have travailed therein This might be instanced in many places of Scripture I wind together Diotrephes and the Mystery of iniquity the one as an old example of Church-ambition which was also too palpable in the Apostles themselves and the other as a cover of Ambition afterwards discovered which two brought forth the great Mystery of the Papacy at last 6. Although Your Majesty be not made a Judge of the Reformed Churches yet You so far censure them and their actions as without Bishops in Your Judgment they cannot have a lawful Ministery nor a due Administration of the Sacraments Against which dangerous and destructive Opinion I did alledge what I supposed Your Majesty would not have denied 1. That Presbyters without a Bishop may ordain other Presbyters 2. That Baptism administred by such a Presbyter is another thing than Baptism administred by a private person or by a Midwife Of the first Your Majesty calls for proof I told before that in Scripture it is manifest 1 Tim. 4. 14. Neglect not the Gift that is in thee which was given thee by the Prophecy with the laying on of the hands of the Presbytery so it is in the English Translation And the word Presbytery To often as it is used in the New Testament always signifies the Persons and not the Office And although the Offices of Bishop and Presbyter were distinct yet doth not the Presbyter derive his power of Order from the Bishop The Evangelists were inferiour to the Apostles yet had they their power not from the Apostles but from Christ The same I affirm of the Seventy Disciples who had their power immediately from Christ no less than the Apostles had theirs It may upon better reason be averred that the Bishops have their power from the Pope than that Presbyters have their power from the Prelats It is true Jerome saith Quid facit exceptâ ordinatione Episcopus quod non facit Presbyter But in the same place he proves from Sccipture that Episcopus and Presbyter are one and the same and therefore when he appropriates Ordination to the Bishop he speaketh of the degenerated custom of his time Secondly Concerning Baptism a private person may perform the external Action and Rites both of it and of the Eucharist yet is neither of the two a Sacrament or hath any efficacy unless it be done by him that is lawfully called thereunto or by a person made publick and cloathed with Authority by Ordination This Errour in the matter of Baptism is begot by another Errour of the Absolute Necessity of Baptism 7. To that which hath been said concerning Your Majesties Oath I shall add nothing not being willing to enter upon the Question of the subordination of the Church to the Civil Power whether the King or Parliament or both and to either of them in their own place Such an Headship as the Kings of England have claimed and such a Supremacy as the Two Houses of Parliament crave with the Appeals from the supreme Ecclesiastical Judicature to them as set over the Church in the same line of Subordination I do utterly disclaim upon such Reasons as give my self satisfaction although no man shall be more willing to submit to Civil powers each one in their own place and more unwilling to make any trouble than my self Only concerning the application of the Generals of an Oath to the particular case now in hand under favour I conceive not how the Clergy of the Church of England is or ought to be principally intended in Your Oath For although they were esteemed to be the Representative Church yet even that is for the benefit of the Church Collective Salus Populi being Suprema lex and to be principally intended Your Majesty knows it was so in the Church of Scotland where the like alteration was made And if nothing of this kind can be done without the consent of the Clergy what Reformation can be expected in France or Spain or Rome it self It is not to be expected that the Pope or Prelates will consent to their own ruine 8. I will not presume upon any secret knowledge of the Opinions held by the King Your Majesty's Father of famous Memory they being much better known to Your Majesty I did only produce what was profest by Him before the world And although Prayers and Tears be the Arms of the Church yet it is neither acceptable to God nor conducible for Kings and Princes to force the Church to put on these Arms. Nor could I ever hear a reason why a necessary Defensive War against unjust Violence is unlawful although it be joyned with Offence and Invasion which is intended for Defence but so that Arms are laid down when the Offensive War ceaseth by which it doth appear that the War on the other side was in the nature thereof Defensive 9. Concerning the forcing of Conscience which I pretermitted in my other Paper I am forced now but without forcing of my conscience to speak of it Our Conscience may be said to be forced either by our selves or by others By our selves 1. When we stop the ear of our Conscience
the eleventh of this month by which they will have understood the reasons which enforced Him to go from thence as likewise His constant endeavours for the setling of a safe and well-grounded Peace wheresoever He should be And being now in a place where He conceives Himself to be at much more Freedom and Security than formerly He thinks it necessary not only for making good of His Own professions but also for the speedy procuring of a Peace in these languishing and distressed Kingdoms at this time to offer such grounds to His two Houses for that effect which upon due examination of all Interests may best conduce thereunto And because Religion is the best and chiefest foundation of Peace His Majesty will begin with that particular That for the abolishing Archbishops Bishops c. His Majesty clearly professeth that He cannot give His Consent thereunto both in relation as He is a Christian and a King For the first He avows that He is satisfied in His Judgment that this Order was placed in the Church by the Apostles themselves and ever since their time hath continued in all Christian Churches throughout the world until this last Century of years and in this Church in all times of Change and Reformation it hath been upheld by the wisdom of His Ancestors as the great preserver of Doctrine Discipline and Order in the service of God As a King at His Coronation He hath not only taken a solemn Oath to maintain this Order but His Majesty and His Predecessours in their confirmations of the Great Charter have inseparably woven the Right of the Church into the Liberties of the rest of the Subjects And yet He is willing it be provided that the particular Bishops perform the several duties of their Callings both by their personal Residence and frequent Preachings in their Dioceses as also that they exercise no Act of Jurisdiction or Ordination without the consent of their Presbyters and will consent that their powers in all things be so limited that they be not grievous to tender Consciences Wherefore since His Majesty is willing to give ease to the Consciences of others He sees no reason why He alone and those of His Judgment should be pressed to a violation of theirs Nor can His Majesty consent to the alienation of Church-Lands because it cannot be denied to be a sin of the highest Sacrilege as also that it subverts the intentions of so many pious Donors who have laid a heavy Curse upon all such profane violations which His Majesty is very unwilling to undergo And besides the matter of Conscience His Majesty believes it to be a prejudice to the publick good many of His Subjects having the benefit of renewing Leases at much easier Rates than if those possessions were in the hands of private men not omitting the discouragement which it will be to all Learning and industry when such eminent rewards shall be taken away which now lye open to the Children of meanest persons Yet His Majesty considering the great present distempers concerning Church-discipline and that the Presbyterian Government is now in practice His Majesty to eschew Confusion as much as may be and for the satisfaction of His two Houses is content that the said Government be legally permitted to stand in the same condition it now is for three years provided that His Majesty and those of His Judgment or any other who cannot in Conscience submit thereunto be not obliged to comply with the Presbyterian Government but have free practice of their own profession without receiving any prejudice thereby and that a free Consultation and Debate be had with the Divines at Westminster twenty of His Majesties nomination being added unto them whereby it may be determined by His Majesty and the two Houses how the Church-government after the said time shall be setled or sooner if differences may be agreed as is most agreeable to the Word of God with full liberty to all those who shall differ upon Conscientious grounds from that settlement Always provided that nothing aforesaid be understood to tolerate those of the Romish profession nor exempting of any Popish Recusant from the penalties of the Laws or to tolerate the publick profession of Atheism or Blasphemy contrary to the Doctrine of the Apostles Nicene and Athanasian Creeds they having been received by and had in reverence of all the Christian Churches and more particularly by this of England ever since the Reformation Next the Militia being that Right which is inseparably and undoubtedly inherent in the Crown by the Laws of this Nation and that which former Parliaments as likewise this have acknowledged so to be His Majesty cannot so much wrong that trust which the Laws of God and this Land have annexed to the Crown for the protection and security of His People as to devest Himself and Successors of the power of the Sword Yet to give an infallible evidence of His desire to secure the performance of such agreements as shall be made in order to a Peace His Majesty will consent to an Act of Parliament that the whole power of the Militia both by Sea and Land for and during His whole Reign shall be ordered and disposed by His two Houses of Parliament or by such persons as they shall appoint with powers limited for suppressing of Forces within this Kingdom to the disturbance of the publick Peace and against foreign invasions and that they shall have power during His said Reign to raise Monies for the purposes aforesaid and that neither His Majesty that now is or any other by any Authority derived only from Him shall execute any of the said powers during His Majesties said Reign but such as shall act by the consent and Approbation of the two Houses of Parliament Nevertheless His Majesty intends that all Patents Commissions and other Acts concerning the Militia be made and acted as formerly and that after His Majesties Reign all the power of the Militia shall return entirely to the Crown as it was in the times of Queen Elizabeth and King James of blessed memory After this head of the Militia the consideration of the Arrears due to the Army is not improper to follow for the payment whereof and the ease of His People His Majesty is willing to concur in any thing that can be done without the violation of His Conscience and Honour Wherefore if His two Houses shall consent to remit unto Him such benefit out of Sequestrations from Michaelmas last and out of Compositions that shall be made before the concluding of the Peace and the Arrears of such as have been already made the assistance of the Clergy and the Arrears of such Rents of His own Revenue as His two Houses shall not have received before the concluding of the Peace His Majesty will undertake within the space of eighteen months the payment of four hundred thousand pounds for the satisfaction of the Army and if those means shall not be sufficient His Majesty intends to
upon or about the thirtieth day of November in the year last mentioned at Newbury aforesaid and upon or about the eighth day of June in the year of our Lord one thousand six hundred forty and five at the Town of Leicester and also upon the fourteenth day of the same month in the same year at Naseby-field in the County of Northampton At which several times and places or most of them and at many other places in this Land at several other times within the years aforementioned and in the year of our Lord one thousand six hundred forty and six he the said Charles Stuart hath caused and procured many thousands of the Free People of the Nation to be slain and by Divisions Parties and Infurrections within this Land by Invasions from Forein Parts endeavoured and procured by him and by many other evil ways and means he the said Charles Stuart hath not only maintained and carried on the said War both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said War against the Parliament and good People of this Nation in this present year one thousand six hundred forty and eight in the Counties of Kent Essex Surry Sussex Middlesex and many other places in England and Wales and also by Sea and particularly he the said Charles Stuart hath for that purpose given Commission to his Son the Prince and others whereby besides multitudes of other persons many such as were by the Parliament intrusted and imployed for the safety of the Nation being by him or his Agents corrupted to the betraying of their Trust and revolting from the Parliament have had entertainment and Commission for the continuing and renewing of War and Hostility against the said Parliament and People as aforesaid By which cruel and unnatural Wars by him the said Charles Stuart levied continued and renewed as aforesaid much innocent blood of the Free People of this Nation hath been spilt many Families have been undone the publick Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoiled some of them even to Desolation And for further prosecution of his said evil Designs he the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Foreiners and to the Earl of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designs Wars and evil Practices of him the said Charles Stuart have been and are carried on for the advancing and upholding of the Personal Interest of Will and Power and pretended Prerogative to himself and his Family against the Publick Interest Common Right Liberty Justice and Peace of the People of this Nation by and for whom he was intrusted as aforesaid By all which it appeareth that he the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said unnatural cruel and bloody Wars and therein guilty of all the Treasons Murders Rapines Burnings Spoils Desolations Damage and Mischief to this Nation acted or committed in the said Wars or occasioned thereby And the said John Cook by Protestation saving on the behalf of the People of England the liberty of exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the Answers which the said Charles Stuart shall make to the Premisses or any of them or any other Charge that shall be so exhibited doth for the said Treasons and Crimes on the behalf of the said People of England impeach the said Charles Stuart as a Tyrant Traitor Murtherer and a publick and implacable Enemy to the Commonwealth of England and pray that the said Charles Stuart King of England may be put to answer all and every the Premisses that such Proceedings Examinations Tryals Sentence and Judgment may be thereupon had as shall be agreeable to Justice His Majesty with His wonted Patience heard all these Slanders and Reproaches sitting in the Chair and looking sometimes on the pretended Court sometimes up to the Galleries and rising again turned about to behold the Guards and Spectators then he sate down with a Majestick and unmoved countenance and sometimes smiling especially at those words Tyrant Traitor and the like Also the silver head of His Staff happened to fall off at which He wondred and seeing none to take it up He stooped for it Himself The Charge being read Bradshaw began Sir you have now heard your Charge read containing such matters as appear in it you find that in the close of it it is prayed to the Court in the behalf of the Commons of England that you answer to your Charge The Court expects your Answer KING I would know by what Power I am called hither I was not long ago in the Isle of Wight how I came there is a longer story than I think is fit at this time for Me to speak of but there I entred into a Treaty with both Houses of Parliament with as much publick Faith as it 's possible to be had of any People in the World I treated there with a number of Honourable Lords and Gentlemen and treated honestly and uprightly I cannot say but they did very nobly with Me we were upon a conclusion of the Treaty Now I would know by what Authority I mean lawful there are many unlawful Authorities in the world Thieves and Robbers by the high-ways but I would know by what Authority I was brought from thence and carried from place to place and I know not what And when I know by what lawful Authority I shall answer Remember I am your King your lawful King and what sins you bring upon your heads and the Judgment of God upon this Land Think well upon it I say think well upon it before you go further from one sin to a greater Therefore let Me know by what lawful Authority I am seated here and I shall not be unwilling to answer In the mean time I shall not betray My Trust I have a Trust committed to Me by God by old and lawful Descent I will not betray it to answer to a new unlawful Authority Therefore resolve Me that and you shall hear more of Me. Bradshaw If you had been pleased to have observed what was hinted to you by the Court at your first coming hither you would have known by what Authority which Authority requires you in the name of the People of England of which you are elected King to answer KING No Sir I deny that Bradshaw If you acknowledge not the Authority of the Court they must proceed KING I do tell them so England was never an Elective Kingdom but an Hereditary Kingdom for near these thousand years therefore let Me know by what Authority I am called
did endeavour to have shortned those debates for winning of time which would have much advantaged Our great Affairs both at home and abroad And therefore both by Speeches and Messages We did often declare Our gracious and clear resolution to maintain not only the Parliament but all Our People in their ancient and just liberties without either violation or diminution and in the end for their full satisfaction and security did by an answer framed in the from by themselves desired to their Parliamentary Petition confirm their ancient and just Liberties and Rights which We resolve with all Constancy and Justice to maintain This Parliament howsoever besides the setling Our necessary Supply and their own Liberties they wasted much time in such proceedings blasting Our Government as We are unwilling to remember yet We suffered to sit until themselves desired us to appoint a time for their recess not naming either Adjournment or Prorogation Whereupon by advice of Our Council We resolved to Prorogue and make a Session and to that end prefixed a day by which they might as was meet in so long a sitting finish some profitable and good Laws and withal gave order for a gracious pardon to all Our Subjects which according to the use of former Parliaments passed the higher House and was sent down to the Commons All which being graciously intended by Us was ill entertained by some disaffected persons of that House who by their artifices in a short time raised so much heat and distemper in the House for no other visible cause but because We had declared Our resolution to prorogue as Our Counsel advised and not to adjourn as some of that House after Our resolution declared and not before did manifest themselves to affect that seldom hath greater passion been seen in that House upon the greatest occasions And then some glances in the House but open rumors abroad were spread that by the Answer to the Petition We had given away not only Our Impositions upon goods exported and imported but the Tonnage and Poundage whereas in the debate and hammering of that Petition there was no speech or mention in either House concerning those Impositions but concerning Taxes and other charges within the Land much less was there any thought thereby to debar Us of Tonnage and Poundage which both before and after the Answer to that Petition the House of Commons in all their Speeches and Treaties did profess they were willing to grant And at the same time many other misinterpretationss were raised of that Petition and Answer by men not well distinguishing between well-ordered liberty and licentiousness as if by Our Answer to that Petition We had let loose the Reins of Our Government And in this distemper the House of Commons laying aside the pardon a thing never done in any former Parliament and other businesses fit to have been concluded that Session some of them went about to frame and contrive a Remonstrance against Our receiving of Tonnage and Poundage which was so far proceeded in the night before the prefixed time for concluding the Session and so hastened by the contrivers thereof that they meant to have put it to the Vote of the House the next morning before We should prorogue the Session And therefore finding Our gracious favaours in that Session afforded to Our people so ill requited and such sinister strains made upon Our Answer to that Petition to the diminution of Our Profit and which was more to the danger of Our Government We resolved to prevent the finishing of that Remonstrance and other dangerous intentions of some ill-affected persons by ending the Session the next morning some few hours sooner than was expected and by Our own mouth to declare to both Houses the causes thereof and for hindring the spreading of those sinister interpretations of that Petition and Answer to give some necessary directions for setling and quieting Our Government until another meeting which We performed accordingly the six and twentieth of June last The Session thus ended and the Parliament risen that intended Remonstrance gave Us occasion to look into that business of Tonnage and Poundage And therefore though Our necessities pleaded strongly for Us yet We were not apt to strain that point too far but resolved to guide Our self by the practice of former Ages and examples of Our most Noble Predecessors thinking those Counsels best warranted which the wisdom of former Ages concurring with the present occasions did approve And therefore gave order for a diligent search of Records upon which it was found that although in the Parliament holden in the first year of the Reign of King Edward the Fourth the Subsidy of Tonnage and Poundage was not granted unto that King but was first granted unto him by Parliament in the third year of his Reign yet the same was accounted and answered to that King from the first day of his Reign all the first and second years of his Reign and until it was granted by Parliament and that in the succeeding times of King Richard the Third King Henry the Seventh King Henry the Eighth King Edward the Sixth Queen Mary and Queen Elizabeth the Subsidy of Tonnage and Poundage was not only enjoyed by every of those Kings and Queens from the death of each of them deceasing until it was granted by Parliament unto the Successor but in all those times being for the most part peaceable and not burthen'd with like charges and necessities as these modern times the Parliament did most readily and chearfully in the beginning of every of those Reigns grant the same as a thing most necessary for the guarding of the Seas safety and defence of the Realm and supportation of the Royal Dignity And in the time of Our Royal Father of blessed memory He enjoyed the same a full year wanting very few days before his Parliament began and above a year before the Act of Parliament for the grant of it was passed and yet when the Parliament was assembled it was granted without difficulty And in Our own time We quietly received the same three years and more expecting with patience in several Parliaments the like grant thereof as had been made to so many of Our Predecessors the House of Commons still professing that multitude of other business and not want of willingness on their part had caused the setling thereof to be so long deferred And therefore finding so much reason and necessity for the receiving of the ordinary duties in the Custom-House to concur with the practice of such a Succession of Kings and Queens famous for Wisdom Justice and Government and nothing to the contrary but that intended Remonstrance hatched out of the passionate brains of a few particular persons We thought it so far from the wisdom and duty of a House of Parliament as We could not think that any moderate and discreet man upon composed thoughts setting aside passion and distemper could be against receiving of Tonnage and Poundage especially since We do
and informed in the Rights of Our Sovereignty And because the Trials in Our several Courts by the formalities in pleading will require a long protraction We have thought fit by this Letter directed to you all to require your Judgment in the Case as it is set down in the inclosed Paper which will not only gain time but also be of more authority to over-rule any prejudicate opinions of others in the point Given under Our Signet at Our Court of White-hall the second day of February in the twelfth year of Our Reign 1636. C. R. CHARLES R. WHen the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger whether may not the King by Writ under the Great Seal of England command all the Subjects in His Kingdom at their charge to provide and furnish such number of Ships with Men Victuals and Munition and for such time as He shall think fit for the defence and safeguard of the Kingdom from such danger and peril and by Law compel the doing thereof in case of refusal or refractoriness And whether in such case is not the King the sole judge both of the Danger and when and how the same is to be prevented and avoided The Answer of the Judges MAY it please Your most Excellent Majesty We have according to Your Majestie 's command severally and every man by himself and all of us together taken into serious consideration the Case and Questions signed by Your Majesty and inclosed in Your Letter And We are of opinion That when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger Your Majesty may by Writ under Your Great Seal of England command all the Subjects of this Your Kingdom at their charge to provide and furnish such number of Ships with Men Victual Munition and for such time as Your Majesty shall think fit for the defence and safeguard of the Kingdom from such peril and danger And that by Law Your Majesty may compel the doing thereof in case of refusal or refractoriness And we are also of opinion that in such case Your Majesty is the sole judge both of the Danger and when and how the same is to be prevented and avoided John Bramston John Finch Humphrey Davenport John Denham Richard Hutton William Jones George Crook Thomas Trevor George Vernon Robert Barkly Francis Crauley Richard Weston His MAJESTIE's Declaration to all His loving Subjects of the Causes which moved Him to dissolve His Fourth Parliament THE King 's most Excellent Majesty well knoweth that the Calling Adjourning Proroguing and Dissolving of Parliaments are undoubted Prerogatives inseparably annexed to His Imperial Crown of which He is not bound to render any account but to God alone no more than of His other Regal actions Nevertheless His Majesty whose Piety and Goodness have made Him ever so order and govern all things that the clearness and Candor of His Royal heart may appear to all His Subjects especially in those great and publick matters of State that have relation to the weal and safety of His People and the Honour of His Royal Person and Government hath thought fit for avoiding and preventing all sinister constructions and misinter pretations which the Malice of some persons ill-affected to His Crown and Soveraignty hath or may practise to infuse into the minds an ears of His good and faithful Subjects to set down by way of Declaration the true Causes as well of His Assembling as of His Dissolving the late Parliament IT is not unknown to most of His Majestie 's loving Subjects what discouragements He hath formerly had by the undutiful and seditious carriage of divers of the lower House in preceding Assemblies of Parliament enough to have made Him averse to those ancient and accustomed ways of calling His People together when in stead of dutiful expressions towards His Person and Government they vented their own Malice and disaffections to the State and by their subtle and malignant courses endeavoured nothing more than to bring into contempt and disorder all Government and Magistracy Yet His Majesty well considering that but few were guilty of that seditious and undutiful behaviour and hoping that time and experience had made His loving Subjects sensible of the distemper the whole Kingdom was in danger to be put into by the ill-govern'd actions of those men and His Majesty being ever desirous to tread in the steps of His most noble Progenitors was pleased to issue forth His Writs under the great Seal of England for a Parliament to be holden on the thirteenth day of April last At which day His Majesty by the Lord Keeper of His great Seal was graciously pleased to let both Houses of Parliament know how desirous He was that all His people would unite their hearts and affections in the execution of those Counsels that might tend to the Honour of His Majesty the Safety of His Kingdoms and the good and preservation of all His people and withal how confident He was that they would not be failing in their duties and affections to Him and to the publick He laid open to them the manifest and apparent mischiefs threatned to this and all His other Kingdoms by the mutinous and rebellious behaviour of divers of the Scotish nation who had by their examples drawn many of His Subjects there into a course of disloyalty and disobedience not fit for His Majesty in Honour Safety or Wisdom to endure How to strengthen themselves in their disloyal courses they had addrest themselves to forein States and treated with them to deliver themselves up to their protection and defence as was made apparent under the proper hands of the prime Ring-leaders of that Rebellious Faction These courses of theirs tending so much to the ruine and overthrow of this famous Monarchy united by the descent of the Crown of England upon His Majesty and his Father of blessed Memory His Majesty in His great Wisdom and in discharge of the trust reposed in Him by God and by the Fundamental Laws of both Kingdoms for the protection and government of them resolved to suppress and thereby to vindicate that Sovereign power entrusted to Him He had by the last Summers trial found that his Grace and Goodness was abused and that contrary to his expectation and their faithful promises they had since his being at Berwick and the Pacification there made pursued their former rebellious designs and therefore it was necessary now for his Majesty by power to reduce them to the just and modest condition of their Obedience and subjection which whenever they should be brought unto or seeing their own Errors should put themselves into a way of Humility and Obedience becoming them his Majesty should need no other Mediatours for Clemency and Mercy to them than his own Piety and Goodness and the tender affection he hath ever born to that his native Countrey This being of so great weight and consequence to the whole Kingdo
and all their Jealousies and apprehensions which may lessen their Charity to each other and then if the Sins of this Nation have not prepared an inevitable Judgment for us all God will yet make Us a Great and a Glorious King over a Free and Happy People MDCXLI To the Kings most Excellent Majesty and the Lords and Peers now assembled in Parliament The humble PETITION and PROTESTATION of all the Bishop and Prelates now called by His Majesties Writs to attend the Parliament and present about London and Westminster for that service THat whereas the Petitioners are called up by several and respective Writs and under great Penalties to attend in Parliament and have a clear and indubitate Right to vote in Bills and other matters whatsoever debatable in Parliament by the Ancient Customes Laws and Statutes of this Realme and ought to be protected by Your Majesty quietly to attend and prosecute that great Service They humbly remonstrate and protest before God Your Majesty and the Noble Lords and Peers now assembled in Parliament That as they have an indubitate Right to sit and vote in the House of the Lords so are they if they may be protected from Force and Violence most ready and willing to perform their Duties accordingly and that they do abominate all Actions or Opinions tending to Popery and the maintenance thereof as also all propension and inclination to any Malignant party or any other side or party whatsoever to the which their own Reasons and Consciences shall not move them to adhere But whereas they have been at several times violently Menaced Affronted and Assaulted by multitudes of people in their coming to perform their services in that Honourable House and lately chased away and put in danger of their lives and can find no redress or protection upon sundry complaints made to both Houses in these particulars They likewise humbly protest before Your Majesty and the Noble House of Peers That saving unto themselves all their Rights and Interests of Sitting and Voting in that House at other times they dare not Sit or Vote in the House of Peers until Your Majesty shall further secure them from all Affronts Indignities and Dangers in the premisses Lastly Whereas their Fears are not built upon Phantasies and Conceits but upon such Grounds and Objects as may well terrifie men of good Resolutions and much Constancy they do in all humility protest before Your Majesty and the Peers of that most Honourable House of Parliament against all Laws Orders Votes Resolutions and Determinations as in themselves Null and of none effect which in their absence since the twenty seventh of this instant Month of December 1641. have already passed as likewise against all such as shall hereafter pass in that most Honourable House during the time of this their forced and violent absence from the said most Honourable House Not denying but if their absenting of themselves were wilful and voluntary that most Honourable House might proceed in all these premisses their Absence or this their Protestation notwithstanding And humbly beseeching Your most Excellent Majesty to command the Clerk of that House of Peers to enter this their Petition and Protestation among his Records They will ever pray to God to bless and preserve c. Jo. Eborac Thomas Duresme Rob. Co. Lich. Jos Norwich Jo. Asaphen Guil. Ba. Wells Geo. Hereford Rob. Oxon. Mat. Ely Godfr Glouc. Jo. Peterburg Mor. Llandaff MDCXLI Jan. 3. ARTICLES of HIGH TREASON and other High Misdemeanours against the Lord Kimbolton Mr. Denzil Hollis Sir Arthur Hesilrig Mr. John Pym Mr. John Hambden and Mr. William Stroude I. THAT they have traitorously endeavoured to subvert the Fundamental Laws and Government of the Kingdom of England to deprive the King of His Regal Power and to place in Subjects an Arbitrary and Tyrannical power over the Lives Liberties and Estates of His Majesties Liege People II. That they have traitorously endeavoured by many foul Aspersions upon His Majesty and His Government to alienate the Affections of His People and to make His Majesty odious unto them III. That they have endeavoured to draw His Majesties late Army to disobedience to His Majesties Commands and to side with them in their Traitorous Designs IV. That they have traitorously invited and encouraged a foreign Power to invade His Majesties Kingdom of England V. That they have traitorously indeavoured to subvert the Rights and very Being of Parliaments VI. That for the compleating of their Traitorous Designs they have indeavoured as far as in them lay by force and Terror to compel the Parliament to joyn with them in their Traitorous Designs and to that end have actually raised and countenanced Tumults against the King and Parliament VII That they have traitorously conspired to levy and actually have levied War against the King MDCXLII Jun. 2. PROPOSITIONS made by both Houses of Parliament to the KINGS Majesty for a Reconciliation of the Differences between His Majesty and the said Houses YOUR Majesties most humble and faithful Subjects the Lords and Commons in Parliament having nothing in their thoughts and desires more pretious and of higher esteem next to the Honour and immediate Service of God then the just and faithful Performance of their Duty to Your Majesty and this Kingdom and being very sensible of the great Distractions and Distempers and of the imminent Dangers and Calamities which those Distractions and Distempers are like to bring upon Your Majesty and Your Subjects all which have proceeded from the subtle Insinuations mischievous Practices and evil Counsels of men disaffected to God's true Religion Your Majesties Honour and Safety and the publick Peace and Prosperity of Your People after a serious observation of the Causes of those Mischiefs do in all humility and sincerity present to Your Majesty their most dutiful Petition and Advice That out of your Princely Wisdome for the establishing Your own Honour and Safety and gracious tenderness of the welfare and security of Your Subjects and Dominioins You will be pleased to grant and accept these their humble Desires and Propositions as the most necessary effectual means through God's blessing of removing those Jealousies and Differences which have unhappily fallen betwixt You and Your People and procuring both Your Majesty and them a constant course of Honour Peace and Happiness I. That the Lords and others of Your Majesties Privy Council and such great Officers and Ministers of State either at home or beyond the seas may be put from Your Privy Council and from those Offices and Imployments excepting such as shall be approved of by both Houses of Parliament And that the persons put into the places and imployments of those that are removed may be approved of by both Houses of Parliament And that all Privie-Counsellours shall take an Oath for the due execution of their places in such form as shall be agreed upon by both Houses of Parliament II. That the great Affairs of this Kingdom may not be concluded or transacted by
a yielding and submission we know not what is left to Treat upon These things are too apparent to every ordinary understanding And yet we are not forward to apprehend the Scorn of that Letter or take it for a Denial of a Treaty but being still sollicitous for that happy Peace which alone could redeem this Kingdom from Ruine we resolved to try another way and for avoiding Delay or Cavil about Names or Titles or descants upon words to forbear writing and humbly besought His Majesty to send Messengers with Instructions to desire a Treaty for Peace Who was pleased to name Mr. Richard Fanshaw and Mr. Thomas Offly Gentlemen of clear Repute and Integrity and to avoid their danger in repairing to Westminster at our desire commanded the Earl of Forth His General to write to theirs for a safe Conduct for those two Messengers for such is our Condition at present that a free-born Subject sent upon the Kings Message cannot but with such leave repair to London or Westminster without danger of his Life The Letter for the safe Conduct was as followeth My Lord I Cannot so willingly write to you in any business as in that of Peace the Endeavour thereof being the principal Duty of those who are trusted in places of our Commands especially when the Blood that is spilt is of persons under the same Allegiance of the same Country and Religion His Majesty continuing constant in His pious and fervent desires of a happy end to these bloody Distractions I do hereby desire your Lordship to send me a safe Conduct to and from Westminster for Mr. Richard Fanshaw and Mr. Tho Offly to be sent by His Majesty concerning a Treaty for Peace I rest Your Lordships humble Servant Forth To this was returned a Letter directed to the Earl of Forth in these words viz. My Lord YOV shew your Nobleness in declaring your willingness to write to me in any business as of that of Peace and I joyn with you in the same opinion that it ought to be a principal Duty of those who are trusted in places of our Command and therefore whensoever I shall receive any directions to those who have intrusted me I shall use my best endeavours and when you shall send for a safe Conduct for those Gentlemen mentioned in your Letter from His Majesty to the Houses of Parliament I shall with all cheerfulness shew my willingness to further any way that may produce that Happiness that all honest Men pray for which is a true understanding between His Majesty and His faithful and only Council the Parliament Your Lordships humble Servant Essex Essex-House 19. Feb. 1643. That this doth neither grant a safe Conduct nor give any direct Answer to the Earl of Forth 's Request every ordinary Eye may see and yet such Requests amongst Generals are rarely denied and we may easily thereby discern how fearful they at Westminster are lest the poor distressed People of this Kingdom should by the advantage of a Treaty and free debate of the present Difference see how grossly they had been deceived and misled and so obtain an end of their Miseries for otherwise who could have believed that when these Differences arose and were continued for want of a free Convention in Parliament and that a main end of the Treaty was to resolve how we according to Our Duty and the Trust reposed in us by our Countries might with them freely debate and advise His Majesty in those things that concerned the maintenance of our Religion Parliament-Privileges the Kings Rights and the Subjects Liberty and Property that this Letter should tell us that the Party we are to Treat withal is the Kings only Council excluding all others not only our selves called by the same Authority to Council as they were but His Privy-Council also and Council at Law so that we could have no hopes of a Treaty unless we should first agree that they are the Parliament and the Kings only Council whereby they that are parties would bccome the only Judges of all things in question which would be a Submission and not a Treaty Having received these frivolous delays which we might have interpreted absolute denials of any Treaty of Peace we yet resolved not to give over our endeavours for that which so much concerned the good of our Country and the welfare of all Professors of the true Protestant Religion but by our humble and earnest desires to his Majesty prevailed with Him to write His Royal Letters and once more desire a Treaty for Peace though it had been so often formerly rejected and to avoid all colour of Exception to direct it To the Lords and Commons of Parliament assembled at Westminster which was done and enclosed in a Letter from the Earl of Forth to their General A Copy of both which Letters hereafter follows My Lord I Have received your Letter of the 19 th of this Month which according to my Duty I shewed to His Majesty Who observing in it your expressions concerning Peace that whensoever you shall receive any directions to those that have entrusted you you shall use your best endeavours is graciously pleased to send this enclosed which is desired may be delivered according to the directions Directed to the Earl of Essex Subscribed by the Earl of Forth C. R. OVT of Our most tender and pious sense of the sad and bleeding condition of this Our Kingdom and Our unwearied desires to apply all Remedies which by the blessing of Almighty God may recover it from an utter Ruine by the Advice of the Lords and Commons of Parliament assembled at Oxford We do propound and desire That a convenient number of fit Person may be appointed and authorized by you to meet with all convenient speed at such Place as you shall nominate with an equal number of fit Persons whom We shall appoint and authorize to Treat of the ways and means to settle the present Distractions of this Our Kingdom and to procure a happy Peace and particularly how all the Members of both Houses may securely meet in a full and free Convention of Parliament there to Treat consult and agree upon such things as may conduce to the maintenance and defence of the true Reformed Protestant Religion with due consideration to all just and reasonable ease of tender Consciences to the settling and maintaining of Our just Rights and Privileges of the Rights and Privileges of Parliament the Laws of the Land the Liberty and Property of the Subject and all other Expedients that may conduce to that blessed end of a firm and lasting Peace both in Church and State and a perfect understanding betwixt Vs and Our People wherein no Endeavours or Concurrence of Ours shall be wanting And God direct your hearts in the ways of Peace Given at Our Court at Oxford the third day of March 1643. Superscribed To the Lords and Commons of Parliament Assembled at Westminster We now appeal to all the World what could more have been done
by His Majesty or us in order to Peace here being so great a Condescending from a King to Subjects all indifferent Advantages left to them both for time and place of Treaty and choice of Persons to Treat But what their Intentions to Peace are will appear by their Letter enclosed in one from their General to the Earl of Forth both which are as followeth My Lord I Am commanded by both Houses of Parliament to send a Trumpeter with the inclosed Letter to His Majesty which I desire your Lordship may be most humbly presented to His Majesty I rest Essex-House March 9. 1643. Your Lordships humble Servant Essex May it please Your MAJESTY WE the Lords and Commons assembled in the Parliament of England taking into our Consideration a Letter sent from Your Majesty dated the third of March instant and directed to the Lords and Commons of Parliament assembled at Westminster which by the Contents of a Letter from the Earl of Forth unto the Lord General the Earl of Essex we conceive was intended to our selves have resolved with the concurrent advice and consent of the Commissioners of the Kingdom of Scotland to represent to Your Majesty in all humility and plainness as followeth That as we have used all means for a just and safe Peace so will we never be wanting to do our utmost for the procuring thereof But when we consider the Expressions in that Letter of Your Majesty's we have more sad and dispairing thoughts of attaining the same than ever because thereby those Persons now assembled at Oxford who contrary to their Duty have deserted Your Parliament are put into an equal Condition with it and this present Parliament convened according to the known and Fundamental Laws of the Kingdom the continuance whereof is established by a Law consented unto by Your Majesty is in effect denied to be a Parliament The Scope and Intention of that Letter being to make provision how all the Members as is pretended of both Houses may securely meet in a full and free Convention of Parliament Whereof no other conclusion can be made but that this present Parliament is not a full nor free Convention and that to make it a full and free Convention of Parliament the presence of those is necessary who notwithstanding that they have deserted that great Trust and do levy War against the Parliament are pretended to be Members of the two Houses of Parliament And hereupon we think our selves bound to let Your Majesty know That seeing the Continuance of this Parliament is settled by a Law which as all other Laws of Your Kingdoms Your Majesty hath sworn to maintain as we are sworn to our Allegiance to Your Majesty these obligations being reciprocal we must in duty and accordingly are resolved with our Lives and Fortunes to defend and preserve the Just Rights and full Power of this Parliament And do beseech Your Majesty to be assured that Your Majesty's Royal and hearty Concurrence with us herein will be the most effectual and ready means of procuring a firm and lasting Peace in all Your Majesty's Dominions and of begetting a perfect understanding between Your Majesty and Your People without which Your Majesty's most earnest Professions and our most real Intentions concerning the same must necessarily be frustrated And in case Your Majesty's three Kingdoms should by reason thereof remain in this sad and bleeding Condition tending by the continuance of this unnatural War to their Ruine Your Majesty cannot be the least nor the last Sufferer God in his goodness incline Your Royal Breast out of pity and compassion to those deep Sufferings of Your Innocent People to put a speedy and happy issue to these desperate Evils by the joynt Advice of both Your Kingdoms now happily united in this Cause by their late solemn League and Covenant Which as it will prove the surest Remedy so is it the earnest prayer of Your Majesty's Loyal Subjects the Lords and Commons assembled in the Parliament of England Westminster the 9 of March 1643. Gray of Wark Speaker of the House of Peers in Parliament pro tempore William Lenthall Speaker of the Commons House in Parliament Whosoever considers that this should be a Letter from Subjects might well think it very unbeseeming Language in them to call His Majesty's earnest endeavours for Peace but Professions and their own feigned pretence most real Intentions but much more menacing Language that is Majesty cannot be the least or last Sufferer which expressions from Subjects in Arms to their Soveraign what dangerous Construction they may admit we are unwilling to mention But we need not wonder at the manner of their expressions when we see in this Letter the Parliament it self as far as in them lies destroyed and those who here style themselves the Lords and Commons assembled in the Parliament of England not to resolve upon their Answer to their King without the concurrent advice and consent of the Commissioners as they call them of the Kingdom of Scotland If they had only taken the Advice of the Scotish Commissioners they had broken the Fundamental Constitution of Parliament the very Writs of Summons the Foundation of all Power in Parliament being in express terms for the Lords to treat and advise with the King and the Peers of the Kingdom of England and for the Commons to do and consent to those things which by that Common-Council of England should be ordained thereby excluding all others But their League it seems is gone further the Scots must consent as well as advise so that they have gotten a negative voice and they who in the former Letter would be the Kings only Council are now become no Council without the Scotish Commissioners The truth is they have besides the solemn League and Covenant with the Scots which their Letter mentions a strange and traitourous presumption for Subjects to make a Covenant and League with Subjects of another Kingdom without their Prince made private bargains with the Scots touching our Estates and a private agreement not to treat without their consent as some of themselves being afraid of a Treaty openly declared to the Common-Council of London And therefore 't is no wonder that being touched to the quick with the apprehension that they are not nor can be in this condition a full and free Convention of Parliament they charge us with deserting our Trust and would have us to be no Members of the Parliament They may remember it was our want of freedom within and the seditious Tumults without their many multiplied Treasons there and imposing traitourous Oaths which inforced our absence But concerning that and the want of freedom in Parliament we shall say no more here that being the Subject of another Declaration only we wish them to consider by what Fundamental Laws of the Kingdom which they have lately wrested to serve all turns they can exclude us from our Votes in Parliament who were duely summoned chosen and returned Members of Parliament and
Rumors spread and Informations given which may have induced many to believe that We intend to make War against Our Parliament We Profess before God and Declare to all the World That We always have and do abhor all such Designs and desire all Our Nobility and Commoners who are here upon the place to declare Whether they have not been Witnesses of Our frequent and earnest Declarations and Professions to this purpose whether they see any colour of Preparations or Counsels that might reasonably beget a belief of any such Design and whether they be not fully perswaded that We have no such intention but that all Our Endeavours according to Our many Professions tend to the firm and constant settlement of the true Protestant Religion the just Priviledges of Parliaments the Liberty of the Subject the Law Peace and Prosperity of this Kingdom MDCXLVII Aug. 1. The Heads of the Proposals agreed upon by his Excellency Sir THOMAS FAIRFAX and the Council of the Army to be tendred to the Commissioners of Parliament residing with the Army and with them to be treated on by the Commissioners of the Army Containing the particulars of their Desires in pursuance of their former Declarations and Papers in order to the clearing and securing of the Rights and Liberties of the Kingdom and the settling a just and lasting Peace To which are added some further particular Desires for the removing and redressing of divers present pressing Grievances being also comprized in or in necessary pursuance of their Former Representations and Papers appointed to be Treated upon I. THat the things hereafter proposed being provided for by this Parliament a certain period may by Act of Parliament be set for the ending of this Parliament such period to be within a year at most and in the same Act provision to be made for the succession and constitution of Parliaments in future as followeth 1. That Parliaments may Biennially be called and meet at a certain day with such provision for the certainty thereof as in the late Act was made for Triennial Parliaments and what further other provision shall be found needful by the Parliament to reduce it to more certainty And upon the passing of this the said Act for Triennial Parliaments to be repealed 2. Each Biennial Parliament to sit 120. days certain unless adjourned or dissolved sooner by their own Consent afterwards to be adjournable or dissolvable by the King and no Parliament to sit past 240. days from their first meeting or some other limited number of days now to be agreed on upon the expiration whereof each Parliament to dissolve of course if not otherwise dissolved sooner 3. The King upon Advice of the Council of State in the Intervals betwixt Biennial Parliaments to call a Parliament extraordinary provided it meet above seventy days before the next Biennial day and be dissolved at least sixty days before the same so as the course of Biennial Elections may never be interrupted 4. That this Parliament and each succeeding Biennial Parliament at or before adjournment or dissolution thereof may appoint Committees to continue during the Interval for such purposes as are in any of these Proposals referr'd to such Committees 5. That the Elections of the Commons for succeeding Parliaments may be distributed to all Counties or other parts or divisions of the Kingdom according to some Rule of equality or proportion so as all Counties may have a number of Parliament-Members allowed to their choice proportionable to the respective Rates they bear in the common Charges and burthens of the Kingdom according to some other Rule of equality or proportion to render the House of Commons as near as may be an equal Representative of the whole and in order thereunto that a present consideration be had to take off the Elections of Burgesses for poor decayed or inconsiderable Towns and to give some present addition to the number of Parliament-Members for great Counties that have now less than their due proportion to bring all at present as near as may be to such a Rule of proportion as aforesaid 6. That effectual provision be made for future freedom of Elections and certainty of due Returns 7. That the House of Commons alone have the power from time to time to set down further Orders and Rules for the Ends expressed in the Two last preceding Articles so as to reduce the Elections of Members for that House to more and more perfection of Equality in the distribution Freedom in the Election Order in the proceeding thereto and Certainty in the Returns which Orders and Rules in that case to be as Laws 8. That there be a Liberty for entring Dissents in the House of Commons with provision that no Member be censurable for ought said or voted in the House further than to exclusion from that Trust and that onely by the judgment of the House it self 9. That the Judicial Power or power of final Judgment in the Lords and Commons and their power of Exposition and Application of Law without further Appeal may be cleared and that no Officer of Justice Minister of State or other person adjudged by them may be capable of Protection or Pardon from the King without their Advice and Consent 10. That the Right and Liberty of the Commons of England may be cleared and vindicated as to a due Exemption from any Judgment Trial or other Proceeding against them by the House of Peers without the concurring Judgment of the House of Commons as also from any other Judgment Sentence or Proceeding against them other than by their Equals or according to the Law of the Land 11. The same Act to provide that Grand-Jury-men may be chosen by and for several parts or divisions of each County respectively in some equal way and not remain as now at the discretion of an Under-Sheriff to be put on or off and that such Grand-Jury-men for their respective Counties may at each Assize present the Names of persons to be made Justices of Peace from time to time as the County hath need for any to be added to the Commission and at the Summer-Assize to present the Names of Three Persons out of whom the King may prick one to be Sheriff for the next year II. For the future security to Parliaments and the Militia in general in order thereunto that it be provided by Act of Parliament 1. That the power of the Militia by Sea and Land during the space of Ten years next ensuing shall be ordered and disposed by the Lords and Commons assembled and to be assembled in the Parliament or Parliaments of England or by such persons as they shall nominate and appoint for that purpose from time to time during the said space 2. That the said power shall not be ordered disposed or exercised by the King's Majesty that now is or by any person or persons by any Authority derived from Him during the said space or at any time hereafter by His said Majesty without the Advice
will bear IV. That according to the seventh Head in the said Declaration an effectual course may be taken that the Kingdom may be righted and satisfied in point of Accounts for the vast sums that have been levied V. That provision may be made for payment of Arrears to the Army and the rest of the Soldiers of the Kingdom who have concurred with the Army in the late Desires and Proceedings thereof and in the next place for payment of the Publick Debts and Damages of the Kingdom and that to be performed first to such persons whose Debts or Damages upon the Publick Account are great and their Estates small so as they are thereby reduced to a difficulty of subsistence In order to all which and to the fourth particular last preceding we shall speedily offer some farther particulars in the nature of Rules which we hope will be of good use towards publick satisfaction August 1. 1647. Signed by the appointment of his Excellency Sir Thomas Fairfax and the Council of War Jo. Rushworth Secret Propositions presented to His MAJESTY at Hampton-Court upon Tuesday the seventh of September 1647. by the Earls of Pembroke and Lauderdale Sir Charles Erskin Sir John Holland Sir John Cooke Sir James Harrington Mr. Richard Browne Mr. Hugh Kenedy and Mr. Robert Berkley in the names of the Parliament of England and in behalf of the Kingdom of Scotland May it please your Majesty WE the Lords and Commons assembled in the Parliament of England in the name and on the behalf of the Kingdoms of England and Ireland and the Commissioners of the Parliament of Scotland in the name and on the behalf of the Kingdom of Scotland do humbly present unto Your Majesty the humble Desires and Propositions for a safe and well grounded Peace agreed upon by the Parliaments of both Kingdoms respectively unto which We do pray Your Majesties Assent and that they and all such Bills as shall be tendred to Your Majesty in pursuance of them or any of them may be established and Enacted for Statutes and Acts of Parliament by Your Majesties Royal Assent in the Parliaments of both Kingdoms respectively Heads of the Propositions presented to the King's Majesty for a safe and well-grounded Peace 1. His Majesty to call in his Declarations and Proclamations against the Parliaments of both Kingdoms 2. His Majesty to sign the Covenant 3. To pass a Bill for abolishing Bishops 4. To pass a Bill for Sale of Bishops Lands 5. To confirm the sitting of the Assembly 6. Religion to be reformed as the Houses agree 7. Such Vniformity of Religion to be passed in an Act. 8. An Act passed against Popish Recusants 9. For Education of the Children of Papists 10. For laying Penalties upon Papists 11. An Act for prevention of Popish practices And the like for the Kingdom of Scotland 12. For the Royal Assent to Acts for the Lords day for preaching against Innovations regulating Colledges and for publick Debts and Damages The like for Scotland 13. to pass the settling of the Militia and Navy 14. To null the old Great Seal 15. For settling of Conservators for the Peace of the Kingdoms 16. The joynt Declarations and the Qualifications against Malignants 17. An Act to be passed to declare and make void the Cessation of Ireland and all Treaties and Conclusions of Peace with the Irish Rebels 18. The settling of the Militia of the City of London 19. The Great Seal with the Commissioners of Parliament and all Acts by it to be made good His MAJESTIES Answer to the Propositions of both Houses Hampton-Court Sept. 9. 1647. For the Speaker of the Lords House pro tempore to be communicated to both Houses of the Parliament of England and the Commissioners of the Kingdom of Scotland CHARLES R. HIS Majesty cannot chuse but be passionately sensible as he believes all his good Subjects are of the late great Distractions and still languishing and unsetled State of this Kingdom and he calls God to Witness and is willing to give testimony to all the World of his readiness to contribute his utmost Endeavours for restoring it to a happy and flourishing Condition His Majesty having perused the Propositions now brought to him finds them the same in effect which were offered to him at Newcastle To some of which as he could not then consent without violation of his Conscience and Honour so neither can he agree to others now conceiving them in many respects more disagreeable to the present condition of Affairs then when they were formerly presented unto him as being destructive to the main principal Interests of the Army and of all those whose Affections concur with them And his Majesty having seen the Proposals of the Army to the Commissioners from his two Houses residing with them and with them to be Treated on in order to the clearing and securing the Rights and Liberties of the Kingdom and the setling of a just and lasting Peace to which Proposals as he conceives his two Houses not to be strangers so he believes they will think with him that they much more conduce to the satisfaction of all Interests and may be a fitter foundation for a lasting Peace than the Propositions which at this time are tendered unto him He therefore propounds as the best way in his Judgment in order to a Peace that his two Houses would instantly take into consideration those Proposals upon which there may be a Personal Treaty with his Majesty and upon such other Propositions as his Majesty shall make hoping that the said Proposals may be so moderated in the said Treaty as to render them the more capable of his Majesties full Concession wherein he resolves to give full satisfaction unto his People for whatsoever shall concern the setling of the Protestant Profession with Liberty to tender Consciences and the securing of the Laws Liberties and Properties of all his Subjects and the just Priviledges of Parliament for the future And likewise by his present deportment in this Treaty he will make the World clearly judge of his Intentions in matter of future Government In which Treaty his Majesty will be well pleased if it be thought fit that Commissioners from the Army whose the Proposals are may likewise be admitted His Majesty therefore conjures his two Houses of Parliament by the Duty they owe to God and his Majesty their King and by the bowels of Compassion they have to their fellow-Subjects both for the relief of their present Sufferings and to prevent future Miseries that they will forthwith accept of this his Majesties Offer whereby the joyful news of Peace may be restored to this distressed Kingdom And for what concerns the Kingdom of Scotland mentioned in the Propositions His Majesty will very willingly Treat upon those particulars with the Scotch Commissioners and doubts not but to give reasonable satisfaction to that his Kingdom Given at Hampton-Court the ninth of September 1647. His MAJESTIES Message to both Houses left by Him on His
Distempers concerning Church-Discipline and that the Presbyterian Government is now in practice his Majesty to eschew Confusion as much as may be and for the satisfaction of his two Houses is content that the said Government be legally permitted to stand in the same condition it now is for three years provided that his Majesty and those of his Judgment or any other who cannot in Conscience submit thereunto be not obliged to comply with Presbyterial Government but have free practice of their own Profession without receiving any prejudice thereby and that a free Consultation and debate be had with the Divines at Westminster twenty of his Majesties nomination being added unto them whereby it may be determined by his Majesty and the two Houses how the Church-Government after the said time shall be settled or sooner if Differences may be agreed as is most agreeable to the Word of God with full Liberty to all those who shall differ upon conscientious grounds from that settlement always provided that nothing aforesaid be understood to tolerate those of the Popish Profession nor the exempting of any Popish Recusant from the penalties of the Laws or to tolerate the publick profession of Atheism or Blasphemy contrary to the Doctrine of the Apostles Nicene and Athanasian Creeds they having been received by and had in reverence of all the Christian Churches and more particularly by this of England ever since the Reformation Next the Militia being that Right which is inseparably and undoubtedly inherent in the Crown by the Laws of this Nation and that which former Parliaments as likewise this hath acknowledged so to be his Majesty cannot so much wrong that Trust which the Laws of God and this Land hath annexed to the Crown for the Protection and Security of his People as to devest himself and Successors of the power of the Sword yet to give an infallible evidence of his desire to secure the performance of such Agreements as shall be made in order to a Peace his Majesty will consent to an Act of Parliament that the whole Power of the Militia both by Sea and Land for and during his whole Reign shall be ordered and disposed by his two Houses of Parliament or by such persons as they shall appoint with Powers limited for suppressing of Forces within this Kingdom to the disturbance of the publick Peace and against foreign Invasion and that they shall have Power during his said Reign to raise moneys for the purposes aforesaid and that neither his Majesty that now is or any other by any Authority derived only from him shall execute any of the said Powers during his Majesties said Reign but such as shall act by the consent and approbation of the two Houses of Parliament Nevertheless his Majesty intends that all Patents Commissions and other Acts concerning the Militia be made and acted as formerly and that after his Majesties Reign all the Power of the Militia shall return intirely to the Crown as it was in the times of Queen Elizabeth and King James of blessed memory After this Head of the Militia the consideration of the Arrears due to the Army is not improper to follow for the payment whereof and the ease of his People his Majesty is willing to concur in any thing that can be done without the Violation of his Conscience and Honour Wherefore if his two Houses shall consent to remit unto him such benefit out of Sequestrations from Michaelmas last and out of Compositions that shall be made before the concluding of the Peace and the Arrears of such as have been already made the assistance of the Clergy and the Arrears of such Rents of his own Revenues as his two Houses shall not have received before the concluding of the Peace his Majesty will undertake within the space of eighteen Months the payment of four hundred thousand pounds for the satisfaction of the Army and if those means shall not be sufficient his Majesty intends to give way to the sale of Forest Lands for that purpose this being the Publick Debt which in his Majesties Judgment is first to be satisfied and for other publick Debts already contracted upon Church-Lands or any other Ingagements his Majesty will give his consent to such Act or Acts for raising of moneys for payment thereof as both Houses shall hereafter agree upon so as they be equally laid whereby his People already too heavily burthened by these late Distempers may have no more Pressures upon them than this absolute necessity requires And for the further securing of all Fears his Majesty will consent that an Act of Parliament be passed for the disposing of the great Offices of State and naming of Privy Councellors for the whole term of his Reign by the two Houses of Parliament their Patents and Commissions being taken from his Majesty and after to return to the Crown as is exprest in the Article of the Militia For the Court of Wards and Liveries his Majesty very well knows the consequence of taking that way by turning of all Tenures into common Soccage as well in point of Revenue to the Crown as in the Protection of many of his Subjects being Infants nevertheless if the continuance thereof seem grievous to his Subjects rather then he will fail on his part in giving satisfaction he will consent to an Act for taking of it away so as a full recompence be settled upon his Majesty and his Successors in perpetuity and that the Arrears now due be reserved unto him towards the payment of the Arrears of the Army And that the memory of these late Distractions may be wholly wiped away his Majesty will consent to an Act of Parliament for the suppressing and making null of all Oaths Declarations and Proclamations against both or either House of Parliament and of all Indictments and other proceedings against any persons for adhering unto them and his Majesty proposeth as the best Expediment to take away all seeds of future Differences that there be an Act of Oblivion to extend to all his Subjects As for Ireland the Cessation there is long since determined but for the future all other things being fully agreed his Majesty will give full satisfaction to his Houses concerning that Kingdom And although his Majesty cannot consent in Honour and Justice to avoid all his own Grants and Acts past under his Great Seal since the two and twentieth of May 1642. or to the confirming of all the Acts and Grants passed under that made by the two Houses yet his Majesty is confident that upon perusal of particulars he shall give full satisfaction to his two Houses to what may be reasonably desired in that particular And now his Majesty conceives that by these his Offers which he is ready to make good upon the settlement of a Peace he hath clearly manifested his intentions to give full security and satisfaction to all Interests for what can justly be desired in order to the future Happiness of his People And for the
all their Ecclesiastical Promotions But the Laity that in the House had not time to declame against His Majestie 's Proceedings did it without doors for being dispersed to their homes they filled all places with suspicious rumours and high discontents and in Southwark there was an open Mutiny began which was not pacified without much danger and the Execution of the principal Leaders The King thus betrayed defamed and deserted by those who should have considered that in His Honour their Safety was embarqued though He had no less cause to fear secret Conspiracies at Home which were more dangerous because obscure than the Scots publick Hostility yet vigorously prosecuted his undertaking and raised a sufficient Army but could not do it with equal speed to His Enemies who had soon re-united their dispersed Forces and incouraged by the Faction with whom they held Intelligence in England contented not themselves to stand upon the defence but invaded us and advanced so far before all the King's Army could be gathered together that they gave a defeat to a Party of it ere the Reer could be brought up by the Earl of Strafford who was appointed General or the King could come to incourage them with His Presence He was no sooner arrived at his Army but there followed Him from some English Lords a Petition conformable to the Scotch Remonstrance which they called the Intentions of the Army So that His Majesty might justly fear some attempts in the South while He was thus defending Himself from the Northern injuries The King answered the Petitioners That before their Petition came He had resolved to summon all the Peers to consult what would be most for the Safety of the Nation and His own Honour Who accordingly met Sept. 24. Where it was determined that a Parliament should be called to meet Nov. 3. and in the mean time a Cessation should be made with the Scots with whom some Commissioners from the Parliament should treat Nov. 3. began that Fatal Parliament which was so transported by the Arts of some unquiet persons that they dishonoured the name and hopes of a Parliament ingulfed the Nation in a Sea of Blood ruined the King and betrayed all their own Priviledges and the People's Liberty into the power of a phanatick and perfidious Army And although His Majesty could not hope to find them moderate yet He endeavoured to make them so telling them at their meeting that He was resolved to put himself freely upon the Affections of His English Subjects that He would satisfie all their just Grievances and not leave to malice it self a shadow to doubt of His desire to make this a glorious and flourishing Kingdom He commended to their care the chasing out of the Rebels the Provisions of His own Army and the Relief of the oppressed Northern Counties But the Malignity of some few and the ignorance of more employed that Assembly in other matters first in purging their House of all such as they conceived would not comply with their destructive Enterprises and for such men they either found some fault with their Elections or made them Criminals in some publick Grievance though others of a deeper guilt they kept among them that their Offences might make them obnoxious to their power and obsequious to their commands Then with composed Harangues they declamed upon the publick Grievances and reckoned up causal Misfortunes amongst designed Abuses of Government every way raising up Contumelies against the present Power and that which was fullest of Detraction and Envy was applauded as most pregnant with Liberty Thus pretending several Injuries had been done to the People they raised the Multitude to hopes of an unimaginable Liberty and a discontent with the present Government After this they set free all the Martyrs of Sedition that for their malignant Libels had been imprisoned and three of them were conducted through London with such a company of people adorned with Rosemary and Bayes as it seemed a Triumph over Justice and those Tribunals that sentenced them Then they fell upon all the chief Ministers of State they impeached the Earl of Strafford Lord Lieutenant of Ireland after him the Archbishop of Canterbury the Lord Finch Keeper of the Great Seal the Judges that according to their Oath had determined Ship-money legal and others some of which fled those that were found were clapt in Prison so that the King was soon despoiled of those that were able or faithful to give Him Counsel and others terrified in their Ministry to Him While the Factious thus led the House their Partisans without by their Instructions formed Petitions against the Government in Church and State to which they seduced the ignorant Rabble in the City and several Counties to subscribe and in a tumultuous manner to present them to their Patriots Who being animated by the success of their Arts fell to draw up a Bill for Triennial Parliaments wherein the Power of calling that great Council of the Nation was upon the refusal of the King and the neglect of others devolved upon Constables which prophanation of Majesty though the King disswaded them from yet they persisted in and He passed it After five Months time for so long a space they took to rake up Matter and Witnesses to justifie their accusation An. 1641 and to give leisure to the Court for Overtures of gainfull Offices to the great Sticklers against him which not appearing the Earl of Strafford is brought to his Triall in Westminster-Hall before the Lords as His Judges the King Queen and Prince sitting behind a Curtain in an adjoyning Gallery and round about the Court stood the Commons His Accusers and Witnesses were English Scotch and Irish and indeed so brave a Person could not be ruined but by the pretended hatred of the whole Empire The English were such as envied his Vertues and greatness in the King's Favour The Scotch because they knew his Prudence able to counterwork their Frauds discover their impudent Cheats and his wise management to overthrow their Force The Irish hatred arose from his just and necessary Severity in his Government whereby he had reduced them from so great a Barbarousness that was impatient of Peace to a Civility that was fertile of Plenty and by Artifices Husbandry and Commerce had rendred that tumultuary Nation so rich that they were now able to repay to the English Treasury those great Debts which their former Troubles and Commotions had contracted Although those of this Nation were Papists and sworn Enemies both of the English name and State and were even then practising and meditating their Rebellion which they hoped more easie when so wise a Governour was removed and so prone enough of themselves to the Crime yet were they much caressed by the Faction that these in the name of the whole Kingdom should press the Earl with envy to the Grave His Charge consisted of twenty eight Articles that their number might cover their want of Evidence To all which the Lieutenant whose
to be gained but by the Publick Ruine they fly from Prayers to Arms and intitle their just War For the Liberty of King and People And in several places as in Kent Essex Suffolk Norfolk Cornwall Yorkshire Wales and at last in Surrey multitudes take Arms for this Righteous Cause The Navy also fall off and setting Rainsbrough their levelling Admiral on Shore seventeen Ships deliver themselves up to the Prince of Wales The Scots likewise by an Order of their own Parliament send into England to recover the Liberty and Majesty of the King an Army under Hamilton But all was in vain God had decreed other Triumphs for His Majesty and to translate Him to another Kingdom For the English being but tumultuarily raised having no train of Artillery nor Ammunition considerable were soon supprest by a veterane Army provided with all necessaries The Scots either through weakness or wickedness of their Commanders who made so disorderly a March that their Van and Reer were forty miles asunder were easily worsted by Cromwell who surprised their main Body and Hamilton was taken Prisoner Cromwell follows the scattered Parties into Scotland where they were likewise assaulted by Argyle a domestick Enemy and forced to submit those Arms the Parliament had put into their hands to the Faction of that false Earl who calls another Parliament from which all were excluded that in the former Voted for the King's Delivery and all the Orders of that Convention made void Cromwell had the Publick Thanks and the private Faith of Argyle to endeavour as opportunity permitted the extirpation of Monarchy out of Scotland The Navy also deserts the Prince being corrupted by the Earl of Warwick who was appointed for this Service and when he had ingloriously bought off their Faith to their lawful Prince himself was ignominiously cashiered by the Conspirators These great disappointments and overthrows of just Enterprises men variously attributed to different Causes Some to the Perfidiousness others to the Weakness of those that managed them as also to the Treachery of some Presbyterians who in hatred to the Army first incouraged and then in Jealousie of the Royalists basely deserted them For the Rabbies of the Kirk cursed Hamilton in the beginning of his Enterprise Another sort thought them unhappy because the greatest part of the Undertakers were such that formerly had either fought against the King or else had betrayed Him and God would not now bless their unexpiated Arms. And some to the Fate of the Kingdom which God had decreed to give over to numerous and impious Tyrants because of their unthankfulness and impatience under so Incomparable a Prince But while these things were managed by the Army that were now at a distance and Cromwell's Terrors were greater in Scotland than here the less guilty Parliament-men seriously considering how impatient the People who in London and other places had gotten innumerable Subscriptions to a Petition for a Personal Treaty now were of those Injuries that were done to their Sovereign how hateful themselves grew because they had betrayed and inslaved their own Privileges together with the Liberties of the Subject to an insatiable and Phanatick Army and how an evident Ruine attended even their Conquests of Him whom it was unlawful to assault did at last though too late contrary to the clamours of their factious and Democratick Members Repeal those Votes which they had formerly made of No more Addresses to the King This being passed in both Houses they afterwards with a strong Consent vote a Treaty with the King in Honour Freedom and Safety The factious Party in the Parliament found themselves too few and weak to oppose this impetuous tendency of the Two Houses and the whole Kingdom to Peace But yet they endeavoured to frustrate the labours of their more sincere Members and to baffle the People's just desires of it by imposing many unequal Conditions and obstructive restrictions For they procured that the Treaty should be in the Isle of Wight and not at London that it should be by Commissioners and not immediately with the two Houses as was petitioned The Propositions that were sent to be treated were the same which had before been offered to the King at Hampton-Court and were then rejected by Him and also condemned by the Army it self as too unjust The Commissioners were so streightned in Power that it was not lawful for them to soften any one of the Conditions of Peace not to alter the Preface or change the Order of the Propositions nor to debate a Subsequent till the Precedent were agreed on They could conclude nothing they were only to propose the Demands urge Reasons for the Royal Assent receive the King's Answer and refer all in writing to the Parliament whose slow Resolves and the delays of sending were supposed would consume that narrow measure of time which was appointed to debate so many and so different things for they were limited to forty days The Commissioners they sent were five of the Lord's House and twelve of the Commoners and with them some of their Presbyterian Ministers who were to press importunately for their Church-government to elude the King's Arguments for Episcopacy and only to impose not to dispute their own With all these upon so many several and different Propositions some relating to the Law of the Land others to Reason of State and some to the practice of the Apostolical Primitive Churches the King was to deal without publick assistance For though He was permitted the ministry of some Officers of State Counsellours and Divines yet were they but of private advice and to stand behind the Curtain He only Himself was to speak in the debate and singly to manage matters of Policy with their most exercised Statists and the points of Divinity with their best-studied Divines The Vulgar to whom the arts of these men were not so obvious were much pleased with the Name of a Treaty and now hoped to exchange their Servitude under so many importunate Tyrants for the moderate and easie Government of one Lawful King Others that had a clearer insight and observed with what difficulties it was burthened hoped for no benefit from it Because that if His Majesty should not consent as they believed he would not then He would be the object of the popular impatience And if He should consent He that now was thought to be most injuriously dealt with would then be conceived not to deserve the Pity even of his Friends nor could He gain any other thing by His Concessions than to be ruined with more Dishonour So that considering both the inviolable Integrity of His Majesty and the implacable Malice of His Enemies they despaired of any happy Issue But beyond the Faith of these men and the Hopes of the other the King 's incredible Prudence had found Temperaments for their most harsh Propositions And by a present Judgment and commanding Eloquence did so urge His own and refel their Arguments that He forced an Admiration of Himself
give way to the sale of Forest-Lands for that purpose this being the publick Debt which in His Majesties Judgment is first to be satisfied And for other publick Debts already contracted upon Church-Lands or any other Ingagements His Majesty will give His Consent to such Act or Acts for raising of monies for payment thereof as both Houses shall hereafter agree upon so as they be equally laid whereby His People already too heavily burthened by these late Distempers may have no more pressures upon them than this absolute necessity requires And for the further securing of all fears His Majesty will consent that an Act of Parliament be passed for the disposing of the great Offices of State and naming of Privy Councellors for the whole term of His Reign by the two Houses of Parliament their Patents and Commissions being taken from His Majesty and after to return to the Crown as is expressed in the Article of the Militia For the Court of Wards and Liveries His Majesty very well knows the consequence of taking that away by turning of all Tenures into common Soccage as well in point of Revenue to the Crown as in the protection of many of His Subjects being Infants Nevertheless if the continuance thereof seem grievous to His Subjects rather than He will fail on His part in giving satisfaction He will consent to an Act for taking of it away so as a full recompence be setled upon His Majesty and His Successors in perpetuity and that the Arrears now due be reserved unto Him towards the payment of the Arrears of the Army And that the memory of these late Distractions may be wholly wiped away His Majesty will consent to an Act of Parliament for the suppressing and making null of all Oaths Declarations and Proclamations against both or either House of Parliament and of all Indictments and other proceedings against any persons for adhering to them And His Majesty proposeth as the best expedient to take away all seeds of future Differences that there be an Act of Oblivion to extend to all His Subjects As for Ireland the Cessation there is long since determined but for the future all other things being fully agreed His Majesty will give full satisfaction to His two Houses concerning that Kingdom And although His Majesty cannot consent in Honour and Justice to avoid all His own Grants and Acts past under His great Seal since the two and twentieth of May 1642 or to the confirming of all the Acts and Grants passed under that made by the two Houses yet His Majesty is confident that upon perusal of particulars He shall give full satisfaction to His two Houses as to what may reasonably be desired in that particular And now His Majesty conceives that by these His offers which He is ready to make good upon the settlement of a Peace He hath clearly manifested His intentions to give full security and satisfaction to all Interests for what can justly be desired in order to the future Happiness of His People and for the perfecting of these Concessions as also for such other things as may be proposed by the two Houses and for such just and reasonable demands as His Majesty shall find necessary to propose on His part He earnestly desires a Personal Treaty at London with His two Houses in Honour Freedom and Safety it being in His Judgement the most proper and indeed only means to a firm and settled Peace and impossible without it to reconcile former or avoid future Misunderstandings All these things being by Treaty perfected His Majesty believes His Houses will think it reasonable that the Proposals of the Army concerning the Succession of Parliaments and their due elections should be taken into consideration As for what concerns the Kingdom of Scotland His Majesty will very readily apply Himself to give all reasonable satisfaction when the desires of the two Houses of Parliament on their behalf or of the Commissioners of that Kingdom or of both joyned together shall be made known unto Him CHARLES R. From the Isle of Wight November 17. 1647. XXXIII From CARISBROOK Dec. 6. MDCXLVII For an Answer to His last To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HAD His Majesty thought it possible that His two Houses could be imployed in things of greater concernment than the Peace of this miserable distracted Kingdom He would have expected with more patience their leisure in acknowledging the receipt of His Message of the 17. of November last But since there is not in nature any consideration preceding to that of Peace His Majesty's constant tenderness of the welfare of His Subjects hath such a prevalence with Him that He cannot forbear the vehement prosecution of a Personal Treaty which is only so much the more desired by His Majesty as it is superior to all other means of Peace And truly when His Majesty considers the several complaints He daily hears from all parts of this Kingdom That Trade is so decayed all commodites so dear and Taxes so insupportable that even natural subsistence will suddenly fail His Majesty to perform the Trust reposed in Him must use His uttermost endeavours for Peace though He were to have no share in the benefit of it And hath not His Majesty done His part for it by devesting Himself of so much Power and Authority as by His last Message He hath promised to do upon the concluding of the whole Peace And hath He met with that acknowledgement from His two Houses which this great Grace and Favour justly deserves Surely the blame of this great retarding of Peace must fall somewhere else than on His Majesty To conclude if ye will but consider in how little time this necessary good work will be done if you the two Houses will wait on His Majesty with the same resolutions for Peace as He will meet you He no way doubts but that ye will willingly agree to this His Majesty's earnest desire of a Personal Treaty and speedily desire His presence amongst you where all things agreed on being digested into Acts till when it is most unreasonable for His Majesty or His two Houses to desire each of other the least concession this Kingdom may at last enjoy the blessing of a long-wisht-for Peace Carisbrook-Castle Decemb. 6. 1647. XXXIV From CARISBROOK Dec. 28. MDCXLVII In Answer to the Four Bills and Propositions before the Votes of No address For the Speaker of the House of Peers pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. THE necessity of complying with all engaged Interests in these great Distempers for a perfect settlement of Peace His Majesty finds to be none of the least difficulties He hath met with since the time of His Afflictions Which is too visible when
than words I do hereby promise them and command you to see it done that the Penal Statutes against Roman Catholicks shall not be put in execution the Peace being made and they remaining in their due obedience and further that when the Irish give Me that assistance which they have promised for the suppression of this Rebellion and I shall be restored to My Rights then I will consent to the Repeal of them by a Law but all those against Appeals to Rome and Praemunire must stand All this in Cypher you must impart to none but those three already named and that with injunction of strictest secrecy So again recommending to your care the speedy dispatch of the Peace of Ireland and my necessary supply from thence as I wrote to you in My last private Letter I rest XII The QUEEN to the KING PARIS January 6. December 27. MDCXLIV V. Paris January I Have received one of Your Letters dated from Marleborow of an old date having received many others more fresh to which I have made answer I will say nothing concerning this but only concerning the affair of Gor. If it be not done it is time being very seasonable at this time which I did not believe before I understand that the Commissioners are arrived at London I have nothing to say but that You have a care of Your Honour and that if You have a Peace it may be such as may hold and if it fall out otherwise that You do not abandon those who have served You for fear they do forsake You in Your need Also I do not see how You can be in safety without a Regiment of Guard for My self I think I cannot be seeing the malice which they have against Me and My Religion of which I hope You will have a care of both But in My opinion Religion should be the last thing upon which You should treat for if You do agree upon strictness against the Catholicks it would discourage them to serve You and if afterwards there should be no Peace You could never expect succours either from Ireland or any other Catholick Prince for they would believe You would abandon them after You have served Your self I have dispatched an Express into Scotland to Montross to know the condition he is in and what there is to be done This week I send to Mr of Lorrain and into Holl. I lose no time If I had more of Your news all would go better Adieu My Dear Heart My Wife Dec. 27. Jan. 6. 1644. 5. XIII To the QUEEN OXFORD Decemb. MDCXLIV Dear Heart I Know Thy affection to Me so truly grounded that Thou wilt be in as much if not more trouble to find My Reputation as My Life in danger Therefore lest the false sound of My offering a Treaty to the Rebels upon base and unsafe terms should disturb Thy thoughts I have thought it necessary to assure Thy mind from such rumors to tell Thee the ways I have used to come to a Treaty and upon what grounds I shall first shew Thee My grounds to the end Thou maiest the better understand and approve of My ways Then know as a certain truth that all even My party are strangely impatient for Peace which obliged Me so much the more at all occasions to shew My real intentions to Peace And likewise I am put in very good hope some hold it a certainty that if I could come to a fair Treaty the Ring-leading Rebels could not hinder Me from a good Peace First because their own party are most weary of the War and likewise for the great distractions which at this time most assuredly are amongst themselves as Presbyterians against Independents in Religion and General against General in point of Command Upon these grounds a Treaty being most desirable not without hope of good success the most probable means to procure it was to be used which might stand with Honour and Safety Amongst the rest for I will omit all those which are unquestionably councelable the sound of My return to London was thought to have so much force of popular Rhetorick in it that upon it a Treaty would be had or if refused it would bring much prejudice to them and be advantageous to Me. Yet lest foolish and malicious people should interpret this as to proceed from fear or folly I have joyned Conditions with the Proposition without which this sound will signifie nothing which Thou wilt find to be most of the chief ingredients of an honourable and safe Peace Then observe If a Treaty at London with Commissioners for both sides may be had without it it is not to be used nor in case they will treat with no body but My self so that the Conditions save any aspersion of dishonour and the treating at London the malignity which our factious spirits here may infuse into this Treaty upon this subject This I hope will secure Thee from the trouble which otherwise may be caused by malicious rumours and though I judge My self secure in Thy thoughts from suspecting Me guilty of any baseness yet I held this account necessary to the end Thou maiest make others know as well as Thy self this certain truth That no danger of death or misery which I think much worse shall make Me do any thing unworthy of Thy Love For the state of My present affairs I refer Thee to 92. concluding as I did in My last to Thee by conjuring Thee as Thou lovest Me that no appearance of Peace and I now add nor hopeful condition of Mine make Thee neglect to haste succour for Him who is eternally Thine Copy to My Wife Decemb. 1644. by Tom. Elliot XIV To the QUEEN OXFORD Jan. 1. MDCXLIV V. Dear Heart I Receive it as a good Augury thus to begin this New year having newly received Thine of the 30. Decemb. which I cannot stay to decypher for not losing this opportunity it likewise being a just excuse for this short account This day I have dispatched Digby's Sec. fully relating the state of our affairs therefore I shall only now tell Thee That the Rebels are engaged into an equal Treaty without any of those disadvantages which might have been apprehended when Tom. Elliot went hence and that the distractions of London were never so great or so likely to bring good effect as now lastly that assistance was never more needful never so likely as now to do good to Him who is eternally Thine Copy to My Wife 1. Jan. 1644. by P. A. XV. To the QUEEN OXFORD 2. Jan. MDCXLIV V. Dear Heart HAving decyphered Thine which I received yesterday I was much surprized to find Thee blame Me for neglecting to write to Thee for indeed I have often complained for want never mist any occasion of sending to Thee and I assure Thee never any Dispatch went from either of My Secretaries without one from Me when I knew of it As for My calling those at London a Parliament I shall refer Thee to Digby for particular
the atchievement the War with the Crown is devolved upon Me. To the prosecution whereof as I am obliged both in Nature and Honour so I question not but the same necessity continuing you will cherish the Action with the like affection and further it with a ready Contribution True it is You furnished My Father with affectionate Supplies but they held no symmetrie or proportion with the charge of so great an Enterprise for those your Donatives are all disburst to a peny and I am inforced to summon you hither to tell you that neither can the Army advance nor the Fleet set forth without farther Aid Consider I pray you the eyes of all Europe are defixt upon Me to whom I shall appear ridiculous as though I were unable to outgo Muster and Ostentation if you now desert Me. Consider it is My first attempt wherein if I sustain a foil it will blemish all My future Honour If Mine cannot let your own Reputation move you Deliver and expedite Me fairly out of this War wherewith you have incumbred let it never be said whereinto you have betrayed Me. I desire therefore your speedy Supplie Speedy I call it for else it will prove no Supply The Sun you know is entring into his declining point so it will be soon too late to set forth when it will be rather not too soon to return Again I must mind you of the Mortality now regnant in this City which should it as so it may and no breach of Priviledge neither arrest any one Member of either House it soon would put a period both to Consultation and Session so that your own Periclitation necessitates an early Resolution In summ Three of the best Rhetoricians Honour Opportunity and Safety are all of a Plot and plead you see for Expedition Perhaps it may be expected I should say something in way of account of My Religion as also of the temper and tenor of My future Government But as I hope I have not been guilty of any thing which may justly start the least question in either so I desire you would repose in this assurance that I will in neither vary from those Principles wherein I have been instituted at the feet of that eminent Gamaliel My late Father III. To the Speaker of the House of Commons of His Second Parliament MDCXXV VI. MAster Speaker The Answer of the Commons delivered by you I like well of and do take it for a full satisfactory Answer and I thank them for it and I hope you will with all expedition take a course for performance thereof the which will turn to your own good as well as Mine But for your Clause therein of presenting of Grievances I take that but for a Parenthesis in your Speech and not a Condition and yet for answer to that part I will tell you I will be as willing to hear your Grievances as My Predecessors have been so that you will apply your selves to redress Grievances and not to inquire after Grievances I must let you know that I will not allow any of My Servants to be questioned among you much less such as are of eminent place and near unto Me. The old question was What shall be done to the man whom the King will honour but now it hath been the labour of some to seek what may be done against him whom the King thinks fit to honour I see you specially aim at the Duke of Buckingham I wonder what hath so altered your affections toward him I do well remember that in the last Parliament in My Father's time when he was an Instrument to break the Treaties all of you and yet I cannot say all for I know some of you are changed but yet the House of Commons is always the same did so much honour and respect him that all the honour conferred on him was too little and what he hath done since to alter or change your minds I wote not but can assure you he hath not medled or done any thing concerning the Publick or Commonwealth but by special directions and appointment and as My Servant and is so far from gaining or improving his Estate thereby that I verily think he hath rather impaired the same I would you would hasten for My Supply or else it will be worse for your selves for if any ill happen I think I shall be the last shall feel it IV. To the Lords and Commons at WHITE-HALL Mar. 29. MDCXXVI MY Lords and Gentlemen I have called you hither to day I mean both Houses of Parliament but it is for several and distinct reasons My Lords you of the Upper House to give you thanks for your Care of the state of the Kingdom now and not only for the care of your own Proceedings but for inciting your Fellow-House of the Commons to take that into their consideration Therefore My Lords I must not only give you thanks but I must also avow that if this Parliament do not redound to the good of this Kingdom which I pray God it may it is not your faults And you Gentlemen of the House of Commons I am sorry that I may not justly give the same thanks to you but I must tell you that I am come here to shew you your Errors and as I may call it Unparliamentary Proceedings in this Parliament But I do not despair because you shall see your faults so clearly by the Lord Keeper that you may so amend your Proceeding that this Parliament shall end comfortably and happily though at the beginning it hath had some rubs After the Lord Keeper had declared His MAJESTY's pleasure to them Himself added I must withal put you in mind a little of times past You may remember that in the time of My Blessed Father you did with your Counsel and perswasion prevail with My Father and Me to break off the Treaties I confess I was your Instrument for two Reasons One was the fitness of the time the other because I was seconded by so great and worthy a Body as the whole Body of Parliament Then there was no body in so great favour with you as this man whom you seem now to touch but indeed My Father's Government and Mine Now that you have all things according to your wishes and that I am so far ingaged that you think there is no retreat now you begin to set the Dice and make your own Game But I pray you be not deceived it is not a Parliamentary way nor is it a way to deal with a King Master Coke told you It was better to dye by a foreign Enemy than to be destroyed at home Indeed I think it is more Honour for a King to be invaded and almost destroyed by a foreign Enemy than to be despised by His Own Subjects Remember that Parliaments are altogether in My Power for their Calling Sitting and Dissolution therefore as I find the fruits of them good or evil they are to continue or not to be And remember
place I must let you know that I desire nothing more than to be rightly understood of My People and to that end I have of My self resolved to call a Parliament having already given order to My Lord Keeper to issue out the Writs instantly so that the Parliament may be assembled by the third of November next Whither if My Subjects bring the like good affections as I do it shall not fail on My part to make it a happy Meeting In the mean time there are two points to be considered wherein I shall desire your Advice which indeed is the chief cause of your Meeting First What Answer to give to the Petition of the Rebels and in what manner to treat with them Of which that you may give a sure judgement I have ordered that your Lordships shall be clearly and truly informed of the state of the whole business and upon what reasons the Advices that My Privy Counsel unanimously gave Me were grounded Secondly How My Army shall be kept on foot and maintained till the supplies of a Parliament may be had For so long as the Scots Army remains in England I think no man will counsel Me to disband Mine for that would be an unspeakable loss to all this part of the Kingdom by subjecting them to the greedy appetite of the Rebels beside the unspeakable dishonour that would thereby fall upon this Nation XXII To the Lords and Commons at the Opening of His Fifth Parliament at WESTMINSTER November 3. MDCXL MY Lords The knowledge that I had of the Designs of My Scotish Subjects was the cause of My calling the last Assembly of Parliament wherein had I been believed I sincerely think that things had not fallen out as now we see But it is no wonder that men are so slow to believe that so great a Sedition should be raised on so little ground But now My Lords and Gentlemen the Honour and Safety of this Kingdom lying so nearly at stake I am resolved to put My self freely and clearly on the love and affections of My English Subjects as those of My Lords that did wait on Me at York very well remember I there declared Therefore My Lords I shall not mention Mine own Interest or that Support I might justly expect from you till the Common Safety be secured Though I must tell you I am not ashamed to say those charges I have been at have been meerly for the securing and good of this Kingdom though the success hath not been answerable to My desires Therefore I shall only desire you to consider the best way both for the safety and security of this Kingdom wherein are two things chiefly considerable First the chasing out of the Rebels and secondly that other in satisfying your just Grievances wherein I shall promise you to concur so heartily and clearly with you that all the world may see My intentions have ever been and shall be to make this a glorious and flourishing Kingdom There are only Two things more that I shall mention to you The one is to tell you that the lone of Money which I lately had from the City of London wherein the Lords that waited on Me at York assisted Me will only maintain My Army for two months from the beginning of that time it was granted Now My Lords and Gentlemen I leave it to your considerations what dishonour and mischief it might be in case for want of Money My Army be disbanded before the Rebels be put out of this Kingdom Secondly the securing the Calamities the Northern People endure at this time and so long as the Treaty is on foot And in this I may say not only they but all this Kingdom will suffer the harm Therefore I leave this also to your Consideration For the ordering of these Great Affairs whereof you are to treat at this time I am so confident of your love to Me and that your care is such for the Honour and Safety of the Kingdom that I shall freely and willingly leave to you where to begin Only this that you may the better know the state of all the Affairs I have commanded My Lord Keeper to give you a short and free account of those things that have happened in this interim with this Protestation that if his account be not satisfactory as it ought to be I shall whensoever you desire it give you a full and perfect account of every particular One thing more I desire of you as one of the greatest means to make this an happy Parliament That you on your parts as I on Mine lay aside all suspicion one of another As I promised My Lords at York it shall not be My fault if this be not a happy and good Parliament XXIII To the House of Lords at WESTMINSTER Nov. 5. MDCXL MY Lords I do expect that you will hastily make Relation to the House of Commons of those Great Affairs for which I have called you hither at this time and of the trust I have reposed in them and how freely I put My self on their love and affections at this time And that you may know the better how to do so I shall explain My self concerning one thing I spake the last day I told you the Rebels must be put out of this Kingdom 'T is true I must needs call them so so long as they have an Army that does invade us although I am under Treaty with them and under My Great Seal do call them Subjects and so they are too But the state of My Affairs in short is this It 's true I did expect when I did will My Lords and Great ones to be at York to have given a gracious Answer to all their Grievances for I was in good hope by their Wisdoms and Assistances to have made an end of that business but I must tell you that My Subjects of Scotland did so delay them that it was not possible to end there Therefore I can no ways blame My Lords that were at Rippon that the Treaty was not ended but must thank them for their pains and industry And certainly had they as much power as affections I should by this time have brought these distempers to a happy period So that now the Treaty is transported from Rippon to London where I shall conclude nothing without your knowledge and I doubt not but by your approbation for I do not desire to have this great Work done in a corner for I shall lay open all the steps of this Misunderstanding and the causes of the great Differences between Me and My Subjects of Scotland And I doubt not but by your assistance to make them know their Duty and also by your assistance to make them return whether they will or no. XXIV To the Lords and Commons at the Banquetting-House in WHITE-HALL Jan. 25. MDCXL XLI MY Lords and you the Knights Citizens and Burgesses The principal cause of My coming here at this time is by reason of the slow proceedings in Parliament
entred into a Combination to destroy Us. And all this done under pretence of a Trust reposed by the People How far you are from committing any such Trust most of the persons trusted by you and your own expressions of Duty to Me have manifested to all the world and how far the whole Kingdom is from avowing such a Trust hath already in a great measure and I doubt not will more every day appear by the professions of every County For I am wholly cast upon the affections of My People and have no hope but in the blessing and assistance of God the justness of My Cause and the Love of My Subjects to recover what is taken from Me and them for I may justly say they are equal losers with Me. Gentlemen I desire you to consider what course is to be taken for your own security from the excursions from Hull and the violence which threatens you from thence I will assist you any way you propose Next I desire you out of the publick provision or your private store to furnish Me with such a number of Arms Muskets and Corslets as you may conveniently spare which I do promise to see fully repay'd to you These Arms I desire may be speedily delivered to the custody of My Lord Mayor of York for my use principally for those parts which by reason of their distance from Hull are least subject to the fear of violence from thence And whosoever shall so furnish Me shall be excused from their attendance and service at Musters till their Arms shall be restored which may well be sooner than I can promise or you expect I desire nothing of you but what is necessary to be done for the preservation of God's true Religion the Laws of the Land the Liberty of the Subject and the very Being of this Kingdom of England for 't is too evident all these are at stake For the compleating of My Son's Regiment for the Guard of His Person under the Command of my Lord of Cumberland I referr it wholly to your selves who have expressed such forwardness in it XLV To His Army after the Reading of His Orders between Stafford and Wellington September 19. MDCXLII GEntlemen You have heard these Orders read it is your part in your several places to observe them exactly The time cannot be long before we come to Action therefore you have the more reason to be careful And I must tell you I shall be very severe in the punishing of those of what condition soever who transgress these Instructions I cannot suspect your Courage and Resolution Your Conscience and your Loyalty hath brought you hither to fight for your Religion your King and the Laws of the Land You shall meet with no enemies but Traitors most of them Brownists Anabaptists and Atheists such who desire to destroy both Church and State and who have already condemned you to ruine for being Loyal to Us. That you may see what use I mean to make of your Valour if it please God to bless it with success I have thought fit to publish My Resolution to you in a Protestation which when you have heard Me make you will believe you cannot fight in a better Quarrel in which I promise to live and die with you I do promise in the presence of Almighty God and as I hope for His Blessing and Protection that I will to the utmost of My Power defend and maintain the true Reformed Protestant Religion established in the Church of England and by the Grace of God in the same will live and die I desire to govern by the known Laws of the Land and that the Liberty and Property of the Subject may be by them preserved with the same care as My own just Rights And if it please God by his blessing upon this Army raised for My necessary Defence to preserve Me from this Rebellion I do solemnly and faithfully promise in the sight of God to maintain the just Privileges and Freedom of Parliament and to govern by the known Laws of the Land to My utmost power and particularly to observe inviolably the Laws consented to by Me this Parliament In the mean while if this time of War and the great necessity and streights I am now driven to beget any violation of those I hope it shall be imputed by God and Man to the Authors of this War and not to Me who have so earnestly laboured for the preservation of the Peace of this Kingdom When I willingly fail in these particulars I will expect no aid or relief from any Man or protection from Heaven But in this Resolution I hope for the chearful assistance of all good men and am confident of God's Blessing XLVI To the Inhabitants of Denbigh and Flint at WREXHAM September 27. MDCXLII GEntlemen I am willing to take all occasions to visit all My good Subjects in which number I have cause to reckon you of these two Counties having lately had a good expression of your Loyalty and Affections to Me by those Levies which at your charge have been sent Me from your parts which forwardness of yours I shall alwayes remember to your advantage and to let you know how I have been dealt with by a powerful Malignant party in this Kingdom whose designs are no less than to destroy my Person and Crown the Laws of the Land and the present Government both of Church and State The Leaders of these men by their subtilty and cunning practices have so prevailed upon the meaner sort of people about London that they have called them up into frequent and dangerous tumults and thereby have chased from thence My self and the greatest part of the Members of both Houses of Parliament Their power and secret Plots have had such influence upon the small remaining part of both Houses that under colour of Orders and Ordinances made without the Royal Assent a thing never heard of before this Parliament I am robb'd and spoiled of my Towns Forts Castles and Goods my Navy forcibly taken from me and imployed against me all my Revenues stopt and seised upon and at this time a powerful Army is marching against me I wish this were all They have yet further laboured to alienate the affections of my good People they have most injuriously vented many false reproaches against my Person and Government they have dispersed in print many notorious false scandals upon my actions and intentions and in particular have laboured to cast upon me some aspersions concerning the horrid bloody and impious Rebellion in Ireland They tell the People that I have recalled two Ships appointed for the Guard of these Seas 'T is true but they conceal that at the same time I sent my Warrants to the Downs commanding four as good Ships to attend that service instead of those should be recalled which Warrant by their means could not find obedience They forget that they then imployed forty Ships many of them my Own and all of them set forth at the
publick charge of this and that Kingdom to rob and pillage me of my Goods to chase my good Subjects and maintain my own Town of Hull against me and that by the absence of those Ships from the Irish Seas the Rebells have had opportunity to bring store of Arms Ammunition and Supplies to their succours to which we may justly impute the Calamities which have over whelmed my poor Protestant Subjects there They cry out upon a few suits of cloaths appointed as they say for Ireland which some of my Forces took but conceal that they were taken as entring into Coventry then in open Rebellion against me where I had reason to believe they would have been disposed of amongst their Soldiers who then bore Arms against me They talk of a few horses which I have made use of for my Carriages concealing that they were certified to be useless for the service of Ireland when they themselves have seised an hundred thousand pounds particularly appointed by Act of Parliament for the relief of Ireland where my Army is ready to perish for want of it and imployed it together with such part of the four hundred thousand pound Subsidie as they have received to maintain an unnatural Civil War at home Neither have they used their fellow-Subjects better than they have done me their King By their Power the Law of the Land your birth-right is trampled upon and in stead thereof they govern my People by Votes and Arbitrary Orders Such as will not submit to their unlimited power are imprisoned plundered and destroyed such as will not pay such exactions as they require toward this Rebellion are threatned to be put out of Protection as they call it of the Parliament such as conscientiously remember their Duty and Loyalty to me their Soveraign are reviled persecuted and declared Traitors such as do desire to maintain the true Protestant Religion as it is established by the Laws of the Land are traduced and called Popish and Superstitious and on the contrary such as are known Brownists Anabaptists and publick depravers of the Book of Common Prayer are countenanced and incouraged They exact and receive Tonnage and Poundage and other great duties upon Merchandises not only without Law but in the face of an Act of Parliament to the contrary past this present Parliament which puts all men into the condition of a Praemunire that shall presume so to oppress the People If you desire to know who are the Contrivers of these wicked designs you shall find some of their names in particular and their actions at large in my Declaration of the twelfth of August to which I shall refer you I wish their craft and power were not such that few of those Copies can come to the view of my good People Since that time these men so thirst after the destruction of this Kingdom that they have prevailed to make all my offers of Treaty which might bring Peace to this Kingdom and beget a good understanding between Me and my Parliament fruitless In this distress into which these men have brought Me and this Kingdom my confidence is in the Protection of Almighty God and the affections of my good People And that you may clearly see what my Resolutions are I shall cause my voluntary Protestation lately taken to be read to you And I desire that the Sheriffs of these two Counties will dispose Copies of that and what I now deliver unto you having no other way to make it publick these men having restrained the use of my Presses at London and the Universities XLVII To the Inhabitants of Shropshire at SHREWSBURY Sept. 28. MDCXLII GEntlemen It is some benefit to me from the insolencies and misfortunes which have driven Me about that they have brought Me to so good a part of my Kingdom and to so faithful a part of my People I hope neither you nor I shall repent My coming hither I will do My part that you may not and of you I was confident before I came The residence of an Army is not usually pleasant to any place and Mine may carry more fear with it since it may be thought being robbed and spoiled of all My Own and such terror used to fright and keep all men from supplying Me I must only live upon the aid and relief of My People But be not afraid I would to God my poor Subjects suffered no more by the insolence and violence of that Army raised against Me though they have made themselves wanton even with Plenty than you shall do by Mine And yet I fear I cannot prevent all Disorders I will do my best and this I will promise you No man shall be a loser by Me if I can help it I have sent hither for a Mint I will melt down all my own Plate and expose all my Land to Sale or Morgage that if it be possible I may not bring the least pressure upon you In the mean time I have summoned you hither to invite you to do that for Me and your selves for the maintenance of your Religion and the Law of the Land by which you enjoy all that you have which other men to against us Do not suffer so good a Cause to be lost for want of supplying Me with that which will be taken from you by those who pursue Me with this violence And whilst these ill men sacrifice their Mony Plate and utmost Industry to destroy the Commonwealth be you no less liberal to preserve it Assure your selves if it please God to bless Me with success I shall remember the Assistance every particular man here gives Me to his Advantage However it will hereafter how furiously soever the minds of some men are now possessed be honor and comfort to you that with some charge and trouble to your selves you did your part to support your King and preserve the Kingdom I desire Master Sheriff and the rest of the Gentlemen to distribute themselves in that method that they may best receive the expressions which you shall make of your affections the which I will have particularly represented to Me. XLVIII To the Inhabitants of Oxfordshire at OXFORD Nov. 2. MDCXLII GEntlemen Though you see My Army marching from hence I do not intend to leave you My Residence shall be so near that My Power shall have an influence upon this place of which I will besides take a particular care for your preservation Therefore fear not to express your affections to Me with that courage which becomes you I know how and by whom the Countrey hath been awed but I hope no man shall have more power to fright you from your Loyalty than I have to restore you to it and I shall guess by the evidence of this day at your natural dispositions In assisting Me you defend your selves for believe it the Sword which is now drawn against Me will destroy you if I defend you not I have and will venture My Life for you 't will be a shame for
on either part would have ruled the cause which His Majesty allowed they were not therewith content but in their intemperate passions and desires to seek for errors in another fell into a greater error themselves and not only neglected to give just satisfaction to His Majesty in several cases which happened concerning His Regality but wholly forgot their ingagements to His Majesty for the publick defence of the Realm whereupon His Majesty wrote a Letter to the Speaker dated the ninth day of June 1626. in these words TRusty and well-beloved We greet you well Our House of Commons cannot forget how often and how earnestly We have called upon them for the speeding of that aid which they intend unto Vs for Our great and weighty Affairs concerning the safety and honour of Vs and Our Kingdoms and now the time being so far spent that unless it be presently concluded it can neither bring Vs money nor credit by the time which themselves have prefixed which is the last of this month and being further deferred would be of little use We being daily advertised from all parts of the great preparation of the Enemy ready to assail us We hold it necessary by these Our Letters to give them Our last and final admonition and to let them know that We shall account all further delays and excuses to be express denials and therefore We will and require you to signifie unto them that We do expect that they forthwith bring forth their Bill of Subsidy to be passed without delay or condition so as it may fully pass that House by the end of the next week at the furthest which if they do not it will force Vs to take other resolutions But let them know that if they finish this according to Our desire that We are resolved to let them sit together for the dispatch of their other affairs and after their recess to bring them together again the next Winter And if by their denial or delay any thing of ill consequence shall fall out either at home or abroad We may call God and man to witness that We have done Our part to prevent it by calling Our people together to advise with Vs by opening the weight of Our occasions unto them and by requiring their timely help and assistance in those Actions wherein We stand ingaged by their own Counsels And We will and command you that this Letter be publickly read in the House Notwithstanding which Letter read in the House being a clear and gracious manifest of His Majesty's resolutions they never so much as admitted one reading to the Bill of Subsidies but in stead thereof they prepared and voted a Remonstrance or Declaration which they intended to prefer to His Majesty containing though palliated with glosing terms as well many dishonourable aspersions upon His Majesty and upon the Sacred memory of His deceased Father as also dilatory excuses for their not proceeding with the Subsidies adding thereto also coloured conditions crossing thereby His Majestie 's direction which His Majesty understanding and esteeming as He had cause to be a denial of the promised Supply and finding that no admonitions could move no reasons or perswasions could prevail when the time was so far spent that they had put an impossibility upon themselves to perform their promises when they esteemed all gracious Messages unto them to be but interruptions His Majesty upon mature advisement discerning that all further patience would prove fruitless on the fifteenth day of this present month He hath dissolved this unhappy Parliament the acting whereof as it was to his Majesty an unexpressible grief so the memory thereof doth renew the hearty sorrow which all His good and well-affected Subjects will compassionate with Him These passages his Majesty hath at the more length and with the true Circumstances thereof expressed and published to the world lest that which hath been unfortunate in it self through the Malice of the authors of so great a mischief and the malevolent Report of such as are ill-affected to this State or the true Religion here professed or the fears or jealousies of Friends and dutiful Subjects might be made more unfortunate in the Consequences of it which may be of worse effect than at the first can be well apprehended And his Majesty being best privy to the integrity of His own heart for the constant maintaining of the sincerity and unity of the true Religion professed in the Church of England and to free it from the open contagion of Popery and secret infection of Schism of both which by His publick Acts and Actions He hath given good testimony and with a single heart as in the presence of God who can best judge thereof purposeth resolutely and constantly to proceed in the due execution of either and observing the subtilty of the adverse party He cannot but believe that the hand of Joab hath been in this disaster that the common Incendiaries of Christendom have subtilly and secretly insinuated those things which unhappily and as his Majesty hopeth beyond the intentions of the Actors have caused these diversions and distractions and yet notwithstanding His most Excellent Majesty for the comfort of His good and well-affected Subjects in whose loves He doth repose Himself with confidence and esteemeth it as his greatest riches for the assuring of his Friends and Allies with whom by God's assistance He will not break in the substance of what he hath undertaken for the discouraging of his Adversaries and the adversaries of his Cause and of his Dominions and Religion hath put on this resolution which He doth hereby publish to all the world That as God hath made him King of this great People and large Dominions famous in former Ages both by Land and Sea and trusted him to be a Father and Protector both of their persons and fortunes and a Defender of the Faith and true Religion so He will go on chearfully and constantly in the defence thereof and notwithstanding so many difficulties and discouragements will take his Scepter and Sword into his hand and not expose the persons of the people committed to his charge to the unsatiable desires of the King of Spain who hath long thirsted after an universal Monarchy nor their Consciences to the yoke of the Pope of Rome and that at home he will take care to redress the just Grievances of his good Subjects as shall be every way fit for a good King And in the mean time his Majesty doth publish this to all his loving Subjects that they may know what to think with truth and speak with duty of his Majesties Actions and Proceedings in these two last dissolved Parliaments Given at His Majestie 's Palace at White-Hall this thirtieth day of June in the Second year of His Majestie 's Reign of Great Britain France and Ireland His MAJESTIE's Declaration to all His Loving Subjects of the Causes which moved Him to dissolve His Third Parliament Published by His Majestie 's special command By the
KING A Proclamation about the dissolving of the Parliament WHereas We for the general good of Our Kingdom caused Our High Court of Parliament to assemble and meet by Prorogation the twentieth day of January last past sithence which time the same hath been continued and although in this time by the malevolent dispositions of some ill-affected persons of the House of Commons We have had sundry just causes of offence and dislike of their proceedings yet We resolved with patience to try the uttermost which We the rather did for that We found in that House a great number of sober and grave persons well affected to Religion and Government and desirous to preserve Unity and Peace in all parts of Our Kingdom and therefore having on the five and twentieth day of February last by the uniform Advice of Our Privy Council caused both Houses to be adjourned until this present day hoping in the mean time that a better and more right understanding might be begotten between Us and the Members of that House whereby this Parliament might have an happy end and issue and for the same intent We did again this day command the like Adjournment to be made until the tenth day of this month It hath so happened by the disobedient and seditious carriage of those said ill-affected persons of the House of Commons that We and Our Regal authority and Commandment have been so highly contemned as Our Kingly Office cannot bear nor any former Age can parallel And therefore it is Our full and absolute resolution to dissolve the same Parliament whereof We thought good to give notice unto all the Lords Spiritual and Temporal and to the Knights Citizens and Burgesses of this present Parliament and to all others whom it may concern that they may depart about their needful affairs without attending any longer here Nevertheless We will that they and all others should take notice that We do and ever will distinguish between those who have shewed good affection to Religion and Government and those that have given themselves over to Faction and to work disturbance to the Peace and good order of our Kingdom Given at Our Court at White-hall this second day of March in the fourth year of Our Reign of Great Britain France and Ireland God save the KING His MAJESTIE's Speech at the Dissolving of the Parliament My Lords I Never came here upon so unpleasant an occasion it being the Dissolution of a Parliment Therefore men may have some cause to wonder why I should not rather chuse to do this by Commission it being a general Maxim of Kings to leave harsh commands to their Ministers Themselves only executing pleasing things Yet considering that Justice as well consists in reward and praise of Vertue as punishing of Vice I thought it necessary to come here to day to declare to you and all the world that it was meerly the undutiful and seditious carriage in the lower House that hath made the Dissolution of this Parliament And you my Lords are so far from being causes of it that I take as much comfort in your dutiful demeanors as I am justly distasted with their proceedings Yet to avoid mistakings let me tell you that it is so far from me to adjudge all the House alike guilty that I know that there are many there as dutiful Subjects as any in the world it being but some few Vipers amongst them that did cast this mist of undutifulness over most of their eyes yet to say truth there was a good number there that could not be infected with this contagion insomuch that some did express their duties in speaking which was the general fault of the House the last day To conclude as these Vipers must look for their reward of punishment so you my Lords may justly expect from Me that favour and protection that a good King oweth to His loving and dutiful Nobility And now my Lord Keeper do what I have commanded you His MAJESTIE's Declaration to all His loving Subjects of the Causes which moved Him to Dissolve the Parliament HOwsoever Princes are not bound to give account of their Actions but to God alone yet for the satisfaction of the minds and affections of Our loving Subjects We have thought good to set down thus much by way of Declaration that We may appear to the world in the truth and sincerity of Our own Actions and not in those colours in which We know some turbulent and ill-affected Spirits to masque and disguise their own wicked intentions dangerous to the State would represent Us to the publick view We assembled Our Parliament the seventeenth day of March in the third year of Our Reign for the safety of Religion for securing Our Kingdoms and Subjects at home and Our Friends and Allies abroad and therefore at the first sitting down of it We declared the miserable afflicted estate of those of the Reformed Religion in Germany France and other parts of Christendom the distressed extremities of Our dearest Uncle the King of Denmark chased out of a great part of his Dominions the strength of that party which was united against Us that besides the Pope and house of Austria and their ancient Confederates the French King professed the rooting out of the Protestant Religion that of the Princes and States on Our party some were over run others diverted and some disabled to give assistance For which and other important motives We propounded a speedy supply of Treasure answerable to the necessities of the Cause These things in the beginning were well resented by the House of Commons and with much alacrity and readiness they agreed to grant a liberal aid But before it was brought to any perfection they were diverted by a multitude of questions raised amongst them concerning their Liberties and Priviledges and by other long disputes that the Bill did not pass in a long time and by that delay Our affairs were put into far worse case than at the first Our forein actions then in hand being thereby disgraced and ruined for want of timely help In this as We are not willing to derogate from the merit and good intentions of those wise and moderate men of that House to whose forwardness We attribute it that it was propounded and resolved so soon so We must needs say that the delay of passing it when it was resolved occasioned by causless jealousies stirred up by men of another temper did much lessen both the reputation and reality of that supply and their spirit infused into many of the Commissioners and Assessors in the Country hath returned up the Subsidies in such a scanty proportion as is infinitely short not only of Our great Occasions but of the precedents of former Subsidies and of the intentions of all well-affected men in that House In those large disputes as We permitted many of Our high Prerogatives to be debated which in the best times of Our Predecessors had never been questioned without punishment or sharp reproof so We
the whole Kingdom And if any factious Merchant will affront Us in a thing so reasonable and wherein We require no more nor in no other manner than so many of our Predecessors have done and have been dutifully obeyed let them not deceive themselves but be assured that We shall find Honourable and just means to support Our Estate vindicate Our Sovereignty and preserve that Authority which God hath put into Our hands And now having laid down the truth and clearness of Our proceedings all wise and discreet men may easily judge of those rumors and jealous fears that are maliciously and wickedly bruited abroad and may discern by examination of their own hearts whether in respect of the free passage of the Gospel indifferent and equal administration of Justice freedom from Oppression and the great Peace and quietness which every man enjoyeth under his own vine and fig-tree the Happiness of this Nation can be parallel'd by any other of Our neighbour Countries and if not then to acknowledge their own blessedness and for the same be thankful to God the Author of all goodness By the KING A Proclamation for suppressing of false Rumours touching Parliaments WHereas notwithstanding Our late Declaration for satisfying of the minds and affections of Our loving Subjects some ill-disposed persons do spread false and pernicious Rumours abroad as if the scandalous and seditious Proposition in the House of Commons made by an outlawed man desperate in mind and fortune which was tumultuously taken up by some few after that by Our Royal Authority We had commanded their Adjournment had been the Vote of the whole House whereas the contrary is the truth for it was then decried by the wisest and best affected and is since disavowed upon examination by such as were suspected to have consented thereunto and affirmed as well by them as others who served in the House that day to be a thing of a most wicked and dangerous consequence to the good estate of this Kingdom which appeareth to be so by those impressions which this false Rumour hath made in mens minds whereby out of causeless fears the Trade of the Kingdom is disturbed and Merchants discouraged to continue in their wonted Traffique We have thought it expedient not only to manifest the truth hereof but to make known Our Royal pleasure that those who raise or nourish such false reports shall be severely punished and such as chearfully go on with their Trade have all good incouragement not purposing to overcharge Our Subjects by any new burthens but to satisfie Our selves with those Duties that were received by the King Our Father of blessed memory which We neither can nor will dispense withal but shall esteem them unworthy of Our Protection who shall deny the same We intending to imploy it for defence of Our Kingdoms Dominion of Our Seas and safeguard of Our Merchants specially by such Shipping as are now making ready and such further preparation for aid of Our Friends and Allies as need shall require And whereas for several ill ends the calling again of a Parliament is divulged howsoever We have shewed by Our frequent meeting with Our People Our love to the use of Parliaments yet the late abuse having for the present driven Us unwillingly out of that course We shall accompt it presumption for any to prescribe any time unto Us for Parliaments the Calling Continuing and Dissolving of which is always in Our own power and We shall be more inclinable to meet in Parliament again when Our People shall see more clearly into our Intents and Actions when such as have bred this interruption shall have received their condign punishment and those who are mis-led by them and by such ill reports as are raised upon this occasion shall come to a better understanding of Us and themselves Given at Our Court of White-hall this seven and twentieth day of March in the fifth year of Our Reign of Great Britain France and Ireland God save the KING MDCXXIX His MAJESTIE's Letter to the Judges concerning Ship-money To Our Trusty and Well-beloved Sir John Bramston Knight Chief Justice of Our Bench Sir John Finch Knight Chief Justice of Our Court of Common Pleas Sir Humphrey Davenport Knight Chief Baron of Our Court of Exchequer and to the rest of the Judges of Our Courts of Kings Bench Common Pleas and the Barons of Our Court of Exchequer CHARLES R. TRusty and Well-beloved We greet you well Taking into Our Princely consideration that the Honour and Safety of this Our Realm of England the preservation whereof is only entrusted to Our care was and is more nearly concerned in late than former times as well by divers counsels and attempts to take from us the Dominion of the Seas of which We are sole Lord and rightful Owner or Proprietor and the loss whereof would be of greatest danger and peril to this Kingdom and other Our Dominions as many other ways We for the avoiding of these and the like dangers well weighing with Our self that where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger there the charge and defence ought to be born by all the Realm in general did for the preventing so publick a mischief resolve with Our self to have a Royal Navy prepared that might be of force and power with Almighty God's blessing and assistance to protect and defend this Our Realm and Our Subjects therein from all such perils and dangers and for that purpose We issued forth Writs under Our Great Seal of England directed to all Our Sheriffs of Our several Counties of England and Wales commanding thereby all Our said Subjects in every City Town and Village to provide such a number of Ships well furnisht as might serve for this Royal purpose and which might be done with the greatest equality that could be In performance whereof though generally throughout all the Counties of this Our Realm We have found in Our Subjects great chearfulness and alacrity which We graciously interpret as a testimony as well of their dutiful affection to Us and Our service as of the respect they have to the Publick which well becometh every good Subject nevertheless finding that some few haply out of ignorance what the Laws and Customs of this Realm are or out of a desire to be eased in their particulars how general soever the charge be or ought to be have not yet paid and contributed to the several Rates and Assessments that were set upon them and foreseeing in Our Princely Wisdom that from thence divers Suits and Actions are not unlikely to be commenced and prosecuted in Our several Courts at Westminster We desirous to avoid such inconveniences and out of Our Princely love and affection to all Our People being willing to prevent such errors as any of Our loving Subjects may happen to run into have thought fit in a case of this nature to advise with you Our Judges who We doubt not are well studied
This how strange and unexpected soever the Lords heard with patience and being desirous to remove all impediments and clear any mistakings that might retard or avert the resolutions of supplying his Majesty they seriously debated in the higher House what had been objected by the House of Commons and resolved first That their Lordships former voting That in their opinions His Majestie 's Supply should have precedence before all other matters was no breach of the Privileges of the House of Commons and secondly That it was no breach of the Privileges of the House of Commons for their Lordships to hear what His Majesty declared to them and thereupon to report the same to the House of Commons And to the end the House of Commons might have a right understanding of their Lordships proceedings their Lordships desired another Conference with them which was accordingly had on Friday the first of May in the Painted Chamber where by the Command of the Lords the Lord Keeper declared to the House of Commons That the Lords of the higher House had as in duty and affection to his Majestie 's Crown and Government they were bound taken into serious consideration the great and weighty motives of his Majestie 's calling this Parliament the great evils and calamities that hung over their heads and the apparent danger the Kingdom was like to run into if by speedy and fitting supply his Majesty were not enabled to prevent it how insupportable delay and protraction was and how impossible for both Houses to recover the loss of time in a matter of so pressing and urgent necessity that his Majesty had both in the higher House and in the banqueting house at White-Hall expressed his gracious and Princely desire to do all that from a just and gracious King might be expected whereby this Parliament might have a happy conclusion how his Majesty had promised all their just Grievances should be graciously heard and relieved that their Lordships were witnesses His Majesty had given His Royal word herein which their Lordships for their parts did as much trust and confide in as ever Subjects did It was also then further declared unto them That His Majesty had lately honoured their House with His presence again and had there renewed the remembrance of what had before been delivered to both Houses with the impossibility of admitting delay and the clearness of His Majestie 's intentions and resolutions to give all just satisfaction to what with reason could be desired of Him That His Majesty had taken notice of somewhat voted in the House of Commons concerning Religion Propriety of Goods and Liberty of Parliament by which His Majesty conceived the matter of His Supply set aside which He had so often and with such weight of reason desired might have precedence That His Majesty after very gracious assurances of His constant affection and zeal for true Religion and for preventing all Innovations therein relterating His often promises for relieving all their just Grievances with His Royal intentions in that particular of Ship-money which he found much stood upon was pleased to desire their Lordships as persons in rank and degree nearest Him in Honour as much or more concern'd than others and in the safety and prosperity of the Kingdom at least equally interessed with others that in a case of this great and important weight their Lordships would by their counsel and perswasion encline the House of Commons to give His Majesty a speedy answer and resolution in the matter of Supply That their Lordships had taken His Majestie 's desire into serious and dutiful consideration and upon great and solemn debate had only voted in these words We are of opinion that the matter of His Majestie 's Supply should have precedence and be resolved of before any other matter whatsoever and that they did think fit there should be a Conference dâ—sired with the House of Commons to dispose them thereunto which as it was just and honourable for their Lordships to do so it was no breach of any Privilege of the House of Commons For though their Lordships did admit that the Bill of Subsidies ought to begin in the House of Commons and when it is agreed unto by the Lords must be returned back and be by their Speaker presented and therefore their Lordships disclaimed to meddle with Subsidy or Supply by such beginning in the higher House or by naming the number of Subsidies times of payment or any such circumstances incident to a Bill yet their Lordships might confer and talk about Supplies in general and give their advice therein that being no whit derogatory to the Privileges of the House of Commons their Lordships in all reason being likelier to communicate in the Counsels and secrets of State as those that were nearer to the Royal Throne and having just cause therein to impart their fears and foresight of dangers to the House of Commons That such proceedings of their Lordships as they were grounded upon just and weighty reason so they were agreeable to ancient usage and custom and were fully justified by that establishment in Parliament mentioned by the House of Commons at the last Conference being made at Gloucester in the 9th year of Henry the Fourth and styled not The Indempnity of the Commons as had been said but The Indempnity of Lords and Commons And for the other breach of Privilege which had been objected their Lordships declared That His Majesty had told them the House of Commons had resolved something concerning those three heads of Religion Propriety of Goods and Privilege of Parliament How His Majesty knew of this resolution belonged not to their Lordships to enquire into their Lordship 's not medling with any thing that others said to the King but what the King said to them And that their Lordships were so far from holding it any violation of the Privileges of the House of Commons for their Lordships to hear what the King declared to them and for them thereupon to report the same to the House of Commons that on the contrary in duty to His Majesty their Lordships could do no other and the communicating of it was an argument of affection and desire of good correspondence with the House of Commons and merited no such misconstruction as had been made of it neither did that establishment in Parliament 9 H. 4. contain any words that could be construed to make their Lordships proceedings in this behalf any breach of the Privileges of the House of Commons Their Lordships proceedings and intentions being thus cleared the Lord Keeper by their Lordships command added further That their Lordships could not but return to their first grounds and resolutions which were in all fair and affectionate manner to stir up in those of the House of Commons the just consideration of those great and imminent Dangers that threatned the Kingdom at this time and how dangerous and irrecoverable delay was and withal to dispose them to take into their first and best
be enforced with rigour to such Arbitrary Contributions as should be required of them The dissolving of the Parliament in the second year of His Majesties reign after a Declaration of their intent to grant five Subsidies The exacting of the like proportion of five Subsidies after the Parliament dissolved by Commission of Loan and divers Gentlemen and others imprisoned for not yielding to pay that Loan whereby many of them contracted such Sicknesses as cost them their lives Great sums of Money required and raised by privy Seals An unjust and pernicious attempt to extort great payments from the Subject by way of Excise and a Commission issued under Seal to that purpose The Petition of Right which was granted in full Parliament blasted with an illegal Declaration to make it destructive to it self to the power of Parliament to the Liberty of the Subject and to that purpose printed with it and the Petition made of no use but to shew the bold and presumptuous injustice of such Ministers as durst break the Laws and suppress the Liberties of the Kingdom after they had been so solemnly and evidently declared Another Parliament dissolved 4 Car. the Priviledge of Parliament broken by imprisoning divers Members of the House detaining them close Prisoners for many months together without the liberty of using Books Pen Ink or Paper denying them all the comforts of life all means of preservation of health not permitting their Wives to come unto them even in time of their Sickness and for the compleating of that Cruelty after years spent in such miserable durance depriving them of the necessary means of Spiritual consolation not suffering them to go abroad to enjoy God's Ordinances in God's House or God's Ministers to come to them to administer comfort unto them in their private Chambers and to keep them still in this oppressed condition not admitting them to be bailed according to Law yet vexing them with Informations in inferiour Courts sentencing and fining some of them for matters done in Parliament and extorting the payments of those Fines from them enforcing others to put in Security of good behaviour before they could be released The imprisonment of the rest which refused to be bound still continued which might have been perpetual if necessity had not the last year brought another Parliament to relieve-them of whom one died by the cruelty and harshness of his Imprisonment which would admit of no relaxation notwithstanding the imminent danger of his life did sufficiently appear by the declaration of his Physician and his release or at least his refreshment was sought by many humble Petitions And his blood still cries either for vengeance or repentance of those Ministers of State who have at once obstructed the course both of His Majesties Justice and Mercy Upon the dissolution of both these Parliaments untrue and scandalous Declarations were published to asperse their proceedings and some of their Members unjustly to make them odious and colour the violence which was used against them Proclamations set out to the same purpose and to the great dejecting of the hearts of the people forbidding them even to speak of Parliaments After the breach of the Parliament in the fourth year of His Majesty Injustice Oppression and Violence broke in upon us without any restraint or moderation and yet the first project was the great sums exacted through the whole Kingdom for default of Knighthood which seemed to have some colour and shadow of a Law yet if it be rightly examined by that obsolete Law which was pretended for it it would be found to be against all the rules of Justice both in respect of the persons charged the proportion of the Fines demanded and the absurd and unreasonable manner of their proceedings Tonnage and Poundage hath been received without colour or pretence of Law many other heavy Impositions continued against Law and some so unreasonable that the sum of the charge exceeds the value of the Goods The Book of Rates lately inhanced to a high proportion and such Merchants as would not submit to their illegal and unreasonable payments were vexed and oppressed above measure and the ordinary course of Justice the common Birth-right of the Subject of England wholly obstructed unto them And although all this was taken upon pretence of guarding the Sea yet a new and unheard-of Tax of Ship-money was devised upon the same pretence By both which there was charged upon the Subject near 700000 l. some years and yet the Merchants have been left so naked to the violence of the Turkish Pirats that many great Ships of value and thousands of His Majesties Subjects have been taken by them and do still remain in miserable slavery The enlargement of Forests contrary to Charta de Foresta and the composition thereupon The exactions of Coat and Conduct-Money and divers other Military charges The taking away the Arms of the Trained Bands of divers Counties The desperate design of engrossing all the Gun-powder into one hand keeping it in the Tower of London and setting so high a rate upon it that the poorer sort were not able to buy it nor could any have it without Licence thereby to leave the several parts of the Kingdom destitute of their necessary defence and by selling so dear that which was sold to make an unlawful advantage of it to the great charge and detriment of the Subject The general destruction of the Kings Timber especially that in the Forest of Dean sold to Papists which was the best Store-house of this Kingdom for the maintenance of our Shipping The taking away of mens Right under colour of the Kings title to Land between high and low water-Marks The Monopolies of Sope Salt Wine Leather Sea-coal and in a manner of all things of most common and necessary use The restraint of the Liberties of the Subjects in their Habitation Trades and other Interest Their vexation and oppression by Purveyors Clarks of the Market and Salt-Peter-men The sale of pretended Nusanzes as Buildings in and about London conversion of Arable into Pasture continuance of Pasture under the name of depopulation have drawn many Millions out of the Subjects Purses without any considerable profit to His Majesty Large quantities of Common and several Grounds have been taken from the Subject by colour of the Statute of Improvement and by abuse of the Commission of Sewers without their consent and against it And not only private Interest but also publick Faith have been broken in seizing of the Money and Bullion in the Mint and the whole Kingdom like to be robb'd at once in that abominable project of Brass Money Great numbers of His Majesties Subjects for refusing those unlawful charges have been vext with long and expensive suits some fined and censured others committed to long and hard imprisonments and confinements to the loss of health in many of life in some and others have had their Houses broken up their Goods seized some have been restrained from their lawful Callings Ships have
and Innovations as might make them apt to joyn with England in that great Change which was intended Whereupon new Canons and a new Liturgy were prest upon them and when they refused to admit of them an Army was raised to force them to it towards which the Clergy and the Papists were very forward in their Contribution The Scots likewise raised an Army for their defence and when both Armies were come together and ready for a bloody encounter His Majesties own Gracious Disposition and the Counsel of the English Nobility and Dutiful submission of the Scots did so far prevail against the evil Counsel of others that a Pacification was made and His Majesty returned with Peace and much Honour to London The unexpected Reconciliation was most acceptable to all the Kingdom except to the malignant party whereof the Archbishop and the Earl of Strafford being heads they and their faction begun to inveigh against the Peace and to aggravate the proceeding of the States which so incensed His Majesty that He forthwith prepared again for War And such was their confidence that having corrupted and distempered the whole frame and Government of the Kingdom they did now hope to corrupt that which was the only means to restore all to a right frame and temper again To which end they perswaded His Majesty to call a Parliament not to seek counsel and advice of them but to draw countenance and Supply from them and engage the whole Kingdom in their Quarrel and in the mean time continued all their unjust Levies of Money resolving either to make the Parliament pliant to their Will and to establish mischief by a Law or else to brake it and with more colour to go on by violence to take what they could not obtain by consent The ground alledged for the justification of this War was this That the undutiful Demands of the Parliaments of Scotland was a sufficient reason for His Majesty to take Arms against them without hearing the Reason of those Demands And thereupon a new Army was prepared against them their Ships were seized in all Ports both of England and Ireland and at Sea their Petitions rejected their Commissioners refused Audience this whole Kingdom most miserably distempered with Levies of Men and Money and Imprisonments of those who denied to submit to those Levies The Earl of Strafford past into Ireland caused the Parliament there to declare against the Scots to give four Subsidies towards that War and to ingage themselves their Lives and Fortunes for the prosecution of it and gave directions for an Army of eight thousand foot and one thousand horse to be levied there which were for the most part Papists The Parliament met upon the thirteenth of April one thousand six hundred and forty The Earl of Strafford and Archbishop of Canterbury with their Party so prevailed with His Majesty that the House of Commons was prest to yield to a Supply for maintenance of the War with Scotland before they had provided any relief for the great and pressing Grievances of the people which being against the fundamental Privilege and proceeding of Parliament was yet in humble respect to His Majesty so far admitted as that they agreed to take the matter of Supply into consideration and two several days it was debated Twelve Subsidies were demanded for the release of Ship-money alone A third day was appointed for conclusion when the Heads of that Party begun to fear the people might close with the King in satisfying his desire of money but that withal they were like to blast their malicious designs against Scotland finding them very much indisposed to give any countenance to that War Thereupon they wickedly advised the King to break off the Parliament and to return to the ways of Confusion in which their own evil intentions were most like to prosper and succeed After the Parliament ended the fifth of May 1640. this Party grew so bold as to counsel the King to supply Himself out of his Subjects states by His own Power at His own will without their consent The very next day some Members of both Houses had their studies and cabinets yea their pockets searched another of them not long after was committed close prisoner for not delivering some Petitions which he received by authority of that House And if harsher courses were intended as was reported it is very probable that the sickness of the Earl of Strafford and the tumultuous rising in Southwark and about Lambeth were the causes that such violent intentions were not brought to execution A false and scandalous Declaration against the House of Commons was published in his Majesties Name which yet wrought little effect with the people but only to manifest the impudence of those who were Authors of it A forced Loan of money was attempted in the City of London The Lord Mayor and Aldermen in their several Wards enjoyned to bring in a list of the names of such persons as they judged fit to lend and of the summ they should lend And such Aldermen as refused so to do were committed to prison The Archbishop and the other Bishops and Clergy continued the Convocation and by a new Commission turned it to a Provincial Synod in which by an unheard of presumption they made Canons that contain in them many matters contrary to the Kings Prerogative to the fundamental Laws and Statutes of the Realm to the Right of Parliaments to the Property and Liberty of the Subject and matters tending to Sedition and of dangerous consequence thereby establishing their own Usurpations justifying their Altar-worship and those other superstitious Innovations which they formerly introduced without warrant of Law They imposed a new Oath upon divers of his Majesties Subjects both Ecclesiastical and Lay for maintenance of their own Tyranny and laid a great tax upon the Clergy for supply of his Majesty and generally they shewed themselves very affectionate to the War with Scotland which was by some of them styled Bellum Episcopale and a Prayer composed and enjoyned to be read in all Churches calling the Scots Rebels to put the two Nations into blood and make them irreconcilable All those pretended Canons and Constitutions were armed with the several Censures of Suspension Excommunication Deprivation by which they would have thrust out all the good Ministers and most of the well affected people of the Kingdom and left an easie passage to their own design of reconciliation with Rome The Popish party enjoyned such exemptions from the Penal Laws as amounted to a Toleration besides many other encouragements and Court-favours They had a Secretary of State Sir Francis Windebank a powerful Agent for the speeding of all their desires a Pope's Nuntio residing here to act and govern them according to such influences as he received from Rome and to intercede for them with the most powerful concurrence of the foreign Princes of that Religion By his authority the Papists of all sorts Nobility Gentry and Clergy were convocated after the
chuse and to remove none till they appear to Us to have otherwise behaved themselves or shall be evicted by Legal proceedings to have done so But this Demand as unreasonable as it is is but one link of a great Chain and but the first round of that Ladder by which Our Just Ancient Regal Power is endeavoured to be fetched down to the ground For it appears plainly that it is not with the Persons now chosen but with Our chusing that you are displeased For you demand That the persons put in the places and imployments of those who shall be removed may be approved by both Houses which is so far as to some it may at the first sight appear from being less then the power of nomination that of two things of which We will never grant either We would sooner be content that you should nominate and We approve than you approve and we nominate the meer nomination being so far from being any thing that if We could do no more We would never take the pains to do that when We should only hazard those whom We esteemed to the scorn of a refusal if they happened not to be agreeable not only to the Judgment but to the Passion Interest or Humour of the present major part of either House Not to speak now of the great factions animosities and divisions which this power would introduce in both Houses between both Houses and in the several Countries for the choice of persons to be sent to that place where that power was and between the persons that were so chosen Neither is this strange Potion prescribed to Us only for once for the cure of a present pressing desperate disease but for a Diet to Us and Our Postetity It is demanded That Our Counsellors all Chief Officers both of Law and State Commanders of Forts and Castles and all Peers hereafter made as to voting without which how little is the rest be approved of that is chosen by them from time to time and rather then it should ever be left to the Crown to whom it onely doth and shall belong if any place fall void in the intermission of Parliament the major part of the approved Council is to approve them Neither is it only demanded that We should quit the Power and Right our Predecessors have had of appointing Persons in these places but for Counsellors We are to be restrained as well in the Number as in the Persons and a power must be annext to these places which their Predecessors had not And indeed if this power were past to them it were not fit We should be trusted to chuse those who were to be trusted as much as We. It is demanded That such matters as concern the publick and are proper for the High Court of Parliament Which is Our Great and Supreme Council may be debated resolved and transacted only in Parliament and not elsewhere and such as presume to do any thing to the contrary shall be reserved to the Censure and Judgment of the Parliament and such other matters of State as are proper for Our Privy Council shall be debated and concluded by such of Our Nobility though indeed if being made by Us they may not vote without the Consent of both Houses We are rather to call them your Nobility and others as shall be from time to time chosen for that place by approbation of both Houses of Parliament and that no publick Act concerning the affairs of the Kingdom which are proper for Our Privy Council may be esteemed of any validity as proceeding from the Royal Authority unless it be done by the Advice and Consent of the major part of Our Council attested under their hands Which Demands are of that nature that to grant them were in effect at once to depose both Our Self and Our Posterity These being past We may be waited on bare-headed We may have our hand kist the style of Majesty continued to Us and the Kings Authority declared by both Houses of Parliament may be still the style of your Commands We may have Swords and Maces carried before Us and please Our Self with the sight of a Crown and Scepter and yet even these Twigs would not long flourish when the Stock upon which they grew were dead but as to true and real Power We should remain but the outside but the Picture but the Sign of a King We were ever willing that Our Parliament should debate resolve and transact such matters as are proper for them as far as they are proper for them and We heartily wish that they would be as careful not to extend their Debates and Resolutions beyond what is proper to them that multitudes of things punishable and Causes determinable by the ordinary Judicatures may not be entertained in Parliament and so cause a long chargeable fruitless attendance of Our People and by degrees draw to you as well all the Causes as all the faults of Westminster-Hall and divert your proper Business That the course of Law be no ways diverted much less disturbed as was actually done by the stop of the proceedings against a Riot in Southwark by Order of the House of Commons in a time so riotous and tumultuous as much increased the danger of Popular Insolencies by such a countenance to Riots and discountenance of Law That you descend not to the leisure of recommending Lecturers to Churches nor ascend to the Legislative Power by commanding the Law not having yet commanded it that they whom you recommend be received although neither the Parson nor Bishop do approve of them and that the Refusers according to the course so much formerly complained of to have been used at the Council Table be not sent for to attend to shew cause at least that you would consider Conveniency if not Law and recommend none but who are well known to you to be Orthodox Learned and Moderate or at least such as have taken Orders and are not notorious depravers of the Book of Common-Prayer a care which appeareth by the Discourses Sermons and Persons of some recommended by you not to have been hitherto taken and it highly concerns both you in duty and the Commonwealth in the consequences that it should have been taken That neither one Estate transact what is proper for two nor two what is proper for three and consequently that contrary to Our declared will Our Forts may not be seized Our Arms may not be removed Our Moneys may not be stop'd Our legal Directions may not be countermanded by you nor We desired to countermand them Our Self nor such entrances made upon a real War against Us upon pretence of an imaginary War against you and a Chimoera of Necessity So far do you pass beyond your limits whilst you seem by your Demand to be strangely streightned within them At least we could have wish'd you would have expressed what matters you meant as fit to be transacted only in Parliament and what you meant by only in Parliament You
Husband for Our Daughter in which the Protestant Religion was Our principal Consideration We conceived We had reason to expect your present thanks and the increase of your future trusts We suppose these Demands by this time to appear such as the Demanders cannot be supposed to have any such real fear of Us as hath been long pretended they are too much in the style not only of Equals but of Conquerours and as little to be intended for removing of Jealousies for which end they are said to be asked and that is not as Merchants ask at first much more then they will take but as most necessary to effect it which if they be God help this poor Kingdom and those who are in the hands of such persons whose Jealousies nothing else will remove which indeed is such a way as if there being differences and suits between two persons whereof one would have from the other several parcels of his ancient Land he should propose to him by way of Accommodation that he would quit to him all those in question with the rest of his Estate as the most necessary and effectual means to remove all those suits and differences But We call God to witness that as for our Subjects sake these Rights are vested in Us so for their sakes as well as for Our own We are resolved not to quit them nor to subvert though in a Parliamentary way the ancient equal happy well-poised and never-enough-commended Constitution of the Government of this Kingdom nor to make Our Self of a King of England a Duke of Venice and this of a Kingdom a Republick There being three kinds of Government amongst men absolute Monarchy Aristocracy and Democracy and all these having their particular conveniences and inconveniences the experience and wisdom of your Ancestors hath so moulded this out of a mixture of these as to give to this Kingdom as far as humane Prudence can provide the conveniences of all three without the inconveniences of any one as long as the Balance hangs even between the three Estates and they run joyntly on in their proper Chanel begetting Verdure and Fertility in the Meadows on both sides and the overflowing of either on either side raises no Deluge or Inundation The ill of absolute Monarchy is Tyranny the ill of Aristocracy is Faction and Division the ills of Democracy are Tumults Violence and Licentiousness The good of Monarchy is the uniting a Nation under one Head to resist Invasion from abroad and Insurrection at home the good of Aristocracy is the Conjunction of Counsel in the ablest Persons of a State for the publick benefit the good of Democracy is Liberty and the Courage and Industry which Liberty begets In this Kingdom the Laws are joyntly made by a King by a House of Peers and by a House of Commons chosen by the People all having free Votes and particular Privileges The Government according to these Laws is trusted to the King power of Treaties of War and Peace of making Peers of chusing Officers and Counsellours for State Judges for Law Commanders for Forts and Castles giving Commissions for raising men to make War abroad or to prevent or provide against Invasions or Insurrections at home benefit of Confiscations power of Pardoning and some more of the like kind are placed in the King And this kind of regulated Monarchy having this power to preserve that Authority without which it would be disabled to preserve the Laws in their force and the Subjects in their Liberties and Proprieties is intended to draw to Him such a Respect and Relation from the Great ones as may hinder the ills of Division and Faction and such a Fear and Reverence from the People as may hinder Tumults Violence and Licentiousness Again that the Prince may not make use of this high and perpetual Pow'r to the hurt of those for whose good He hath it and make use of the name of publick Necessity for the gain of His private Favourites and Followers to the detriment of His People the House of Commons an excellent Conserver of Liberty but never intended for any SHARE in GOVERNMENT or the chusing of them that should GOVERN is solely intrusted with the first Propositions concerning the Levies of Monies which is the sinews as well of Peace as War and the impeaching of those who for their own ends though countenanced by any surreptitiously-gotten Command of the King have violated that Law which He is bound when He knows it to protect and to the protection of which they were bound to advise Him at least not to serve Him in the contrary And the Lords being trusted with a Judicatory power are an excellent Screen and Bank between the Prince and People to assist each against any Incroachments of the other and by just Judgments to preserve that Law which ought to be the Rule of every one of the Three For the better enabling them in this beyond the Examples of any of Our Ancestors We were willingly contented to oblige Our Self bouth to call a Parliament every three years and not to dissolve it in fifty days and for the present Exigent the better to raise Money and avoid the pressure no less grievous to Us then them Our People must have suffered by a longer continuance of so vast a Charge as two great Armies and for their greater certainty of having sufficient time to remedy the inconveniences arisen during so long an absence of Parliaments and for the punishment of the Causers and Ministers of them We yielded up Our Right of dissolving this Parliament expecting an extraordinary moderation from it in gratitude for so unexampled a Grace and little looking that any Malignant Party should have been encouraged or enabled to have perswaded them first to countenance the Injustices and Indignities We have endured and then by a new way of Satisfaction for what was taken from Us to demand of Us at once to confirm what was so taken and to give up almost all the rest Since therefore the Power Legally placed in both Houses is more then sufficient to prevent and restrain the power of Tyranny and without the Power which is now asked from Us We shall not be able to discharge that Trust which is the End of Monarchy since this would be a total Subversion of the Fundamental Laws and that excellent Constitution of this Kingdom which hath made this Nation so many years both Famous and Happy to a great degree of Envy since to the power of Punishing which is already in your hands according to Law if the power of Preferring be added We shall have nothing left for Us but to look on since the incroaching of one of these Estates upon the power of the other is unhappy in the effects both to them and all the rest since this power of at most a joynt-Government in Us with Our Counsellors or rather Our Guardians will return Us to the worst kind of Minority and make Us despicable both at home and abroad
and beget eternal Factions and Dissentions as destructive to publick Happiness as War both in the chosen and the Houses that chuse them and the People who chuse the Chusers since so new a Power will undoubtedly intoxicate persons who were not born to it and beget not only Divisions among them as Equals but in them contempt of Us as become an Equal to them and Insolence and Injustice towards Our People as now so much their Inferiors which will be the more grievous unto them as suffering from those who were so lately of a nearer degree to themselves and being to have redress only from those that placed them and fearing they may be inclined to preserve what they have made both out of kindness and policy since all great Changes are extremely inconvenient and almost infallibly beget yet greater Changes which beget yet greater Inconveniences since as great an one in the Church must follow this of the Kingdom since the Second Estate would in all probability follow the Fate of the Frst and by some of the same turbulent spirits Jealousies would be soon raised against them and the like Propositions for reconciliation of Differences would be then sent to them as they now have joyned to send to Us till all Power being vested in the House of Commons and their number making them incapable of transacting Affairs of State with the necessary Secrecy and Expedition those being re-trusted to some close Committee at last the Common people who in the mean time must be flattered and to whom Licence must be given in all their wilde humours how contrary soever to established Law or their own real Good discovering this Arcanum Imperii That all this was done by them but not for them grow weary of Journey-work and set up for themselves call Parity and Independence Liberty devour that Estate which had devoured the rest destroy all Rights and Proprieties all distinctions of Families and Merit and by this means this splendid and excellently distinguished form of Government end in a dark equal Chaos of Confusion and the long Line of Our many noble Ancestors in a Jack Cade or a Wat Tyler For all these Reasons to all these Demands Our Answer is Nolumus Leges Angliae mutari But this We promise that We will be as careful of preserving the Laws in what is supposed to concern wholly Our Subjects as in what most concerns Our Self For indeed We profess to believe that the preservation of every Law concerns Us those of Obedience being not secure when those of Protection are violated and We being most of any injured in the least violation of that by which We enjoy the highest Rights and greatest Benefits and are therefore obliged to defend no less by Our Interest then by Our Duty and hope that no Jealousies to the contrary shall be any longer nourished in any of Our good People by the subtle insinuations and secret practices of men who for private ends are disaffected to Our Honour and Safety and the Peace and Prosperity of Our People And to shew you that no just indignation at so reproachful offers shall make Us refuse to grant what is probable to conduce to the good of Our good People because of the ill company it comes in We will search carefully in this heap of unreasonable Demands for so much as We may complying with Our Conscience and the Duty of Our Trust assent unto and shall accordingly agree to it In pursuance of which Search in the Fourth Proposition under a Demand which would take from Us that Trust which God Nature and the Laws of the Land have placed in Us and of which none of you could endure to be deprived We find something to which We give this Answer That We have committed the principal places about Our Children to persons of Quality Integrity and Piety with special regard that their tender years might be so seasoned with the Principles of the true Protestant Religion as by the blessing of God upon this Our Care this whole Kingdom may in due time reap the fruit thereof And as We have likewise been very careful in the choice of Servants about them that none of them may be such as by ill Principles or by ill Examples to cross Our endeavours for their Pious and Vertuous Education so if there shall be found for all Our care to prevent it any person about Our Children or about Us which is more then you ask against whom both Houses shall make appear to Us any just exception We shall not only remove them but thank you for the Information Only We shall expect that you shall be likewise careful that there be no under-hand dealing by any to seek faults to make room for others to Succeed in their places For the Fifth Demand As We will not suffer any to share with Us in our power of Treaties which are most improper for Parliaments and least in those Treaties in which We are nearliest concerned not only as a King but as a Father yet We do such is Our desire to give all reasonable satisfaction assure you by the word of a King that We shall never propose or entertain any Treaty whatsoever for the Marriage of any of Our Children without due regard to the true Protestant Profession the good of Our Kingdoms and the Honour of Our Family For the Sixth Demand concerning the Laws in force against Jesuits Priests and Popish Recusants We have by many of Our Messages to you by Our voluntary promise to you so solemnly made never to pardon any Popish Priest by Our strict Proclamations lately published in this point and by the Publick Examples which We have made in that case since Our Residence at York and before at London sufficiently expressed Our zeal herein Why do you then ask that in which Our own Inclination hath prevented you And if you can yet find any more effectual Course to disable them from disturbing the State or eluding the Law by trusts or otherwise We shall willingly give Our Consent to it For the Seventh concerning the Votes of popish Lords We understand that they in discretion have withdrawn themselves from the Service of the House of Peers and had done so when use was publickly made of their Names to asperse the Votes of that House which was then counted as Malignant as those who are called Our unknown and Vnsworn Counsellors are now Neither do We conceive that such a Positive Law against the Votes of any whose blood gives them that Right is so proper in regard of the Privilege of Parliament but are content that so long as they shall not be conformable to the Doctrine and Discipline of the Church of England they shall not be admitted to sit in the House of Peers but only to give their Proxies to such Protestant Lords as they shall chuse who are to dispose of them as they themselves shall think fit without any reference at all to the giver As to the desires for a Bill for
and any found so unjust so illegal as the proceedings against the Gentlemen of Kent for preparing and presenting a Petition agreeable in form and matter to all the Rules of Law and Justice by which Men are to be informed to ask any thing as the judgment against Mr. Binyon that he should be disfranchised be incapable of ever bearing Office in the Commonwealth imprisoned in the Gaol at Colchester for the space of two years and to pay three thousand pounds fine nothing being charged and proved against him that any Law or Reason could tell him he was not to do Though the Sentences in the other Courts were in some cases too severe and exceeded the measure of the offence there was still an offence somewhat done that in truth was a crime but here Declarations Votes and Judgments pass upon Our People for matters not suspected to be crimes till they are punished And have such proceedings ever been before this Parliament If Monopolies have been granted to the prejudice of Our People the calamity will not be less if it be exercised by a good Lord by a Bill than itt was before by a Patent and yet the Earl of Warwick thinks fit to require the Letter-Office to be confirmed to him for three lives at the same time that 't is complained of as a Monopoly and without the alteration of any Circumstance for the ease of the Subject and this with so much greediness and authority that whilest it was complained of as a Monopoly he procured an Assignment to be made of it to him from the person complained of after he had by his Interest stopped the proceedings of the Committee for the space of five Months before that Assignment made to him upon pretence that he was concerned in it and desired to be heard Of such soveraign Power was his Name as it could be no longer a Grievance to Our People if it might prove an Advantage to him A Precedent very likely to be followed in many Monopolies if they may be assigned to Principal members or their friends witness the connivence now given to Sir John Meldram for his Lights since his undertaking their Service at Hull Have Partiality and Corruption in Judges obstructed the course of Justice was there ever such Partiality and Corruption when their fellow-Members of either House are by them importuned and solicited for their Votes in causes before them and no other measure or Rule to the Justice of that faction than the opinions of the persons contending What sums of mony have been given to and what contracts have been made with some Members of either House who are of this powerful Faction We complain of for preserving this Man from being questioned and promoting an Accusation against that Man for managing such a Cause and procuring such an Order We are very well able to give particular Information which We shall willingly do when there may be such a sober and secure debate as becomes the Dignity and Freedom of Parliament and the Witnesses now within their reach may neither be awed nor tampered with before Trial. For how little care there is taken for discoveries of this nature appears by that which upon complaint of a slander against Master Pym was justified and the Author averred against him for taking thirty pound Bribe to preserve a Papist from legal prosecution which hath been so long suffered to sleep at a Committee Our Case is truly stated so truly that there is scarce any Particular urged or alledged by Us which is not known to many and the most to all Men. And must Our Condition be now irreparable Are the Injuries committed against Us and the Law justifiable And must We be censured for using all possible means to be freed from them or to be repaired for them because they seem to carry the Name Consent and Authority of both Our Houses of Parliament There is not a Particular of which We complain that found not eminent opposition in both Houses and yet for the most part not above a moiety of either House present The Order of the ninth of September an Order to suspend the execution of Laws in force passed when there were not above eighty Commoners of which many dissented and but twenty Lords whereof eleven the major part expresly contradicted it The first unseasonable Remonstrance the fountain from whence all the present mischiefs have flowed was carried but by eleven Voices after fifteen hours sitting when above two hundred were absent and was never approved by the Lords The business of the Militia was at least twice rejected by double their number in the House of Peers who consented to it there being no Popish Lord present and twelve Bishops in the Tower and yet this proposed again the House being made thin of those Lords who had formerly opposed it who went out immediately it being their usual course to watch such opportunities to effect their businesses after Master Hollis his Threats and then carried The Declaration against Us sent to New-market was carried but by one Voice in the House of Peers and by a small number in the House of Commons The justifying Sir John Hotham in his Act of High Treason was opposed by many Persons of great worth though neither House had half its number And We are very far from censuring all those Persons who concurred in these or any other particulars We believe very many of them stood not in so clear a light to discern the Guilt Malice Ambition or Subtilty of their Seducers But if in truth there were a consent entirely in both Houses of Parliament as We are most assured there will never be to alter the whole frame of Government must We submit to those Resolutions and must not Our Subjects help and assist Us in the defence of Laws and Government established because they do not like them Did We intend when we called them to that great Council or did Our good Subjects intend when they sent them thither in their behalfs that they should alter the whole frame of Government according to their own Fancies and Ambition and possess those Places during their Lives What Our opinion and resolution is concerning Parliaments We have fully expressed in Our Declarations We have said and will still say they are so essential a part of the Constitution of this Kingdom that We can attain to no Happiness without them nor will We ever make the least attempt in our thoughts against them We well know that our Self and Our two Houses make up the Parliament and We are like Hippocrates Twins We must laugh and cry live and dye together that no Man can be a friend to the one and an enemy to the other the Injustice Injury and Violence offered to Parliaments is that which We principally complain of and We again assure all Our good Subjects in the presence of Almighty God that all the Acts passed by Us this Parliament shall be equally observed by Us as We desire those to be which
Your Crown and Dignity with our Lives and Fortunes Your Presence in this Your great Council being the only means of any Treaty betwixt Your Majesty and them with hope of Success And in none of our Desires to Your Majesty shall we be swaied by any particular man's advantage but shall give a clear Testimony to Your Majesty and the whole World that in all things done by us we faithfully intend the good of Your Majesty and of Your Kingdoms and that we will not be diverted from this End by any private or self-respects whatsoever Jo. Brown Cler. Parliament They will not believe We have done all that in Us lies to prevent and remove the present Distractions because of the Oppressions Rapines and the like committed upon Our good Subjects by Our Soldiers Let them remember who have compelled Us and against Our Souls desire forced Us to raise those Soldiers and then if the Oppressions and Rapines were indeed such as are falsly pretended Our poor Subjects who suffer under them will look on them and only on them as the Authors of all the Miseries they do or can undergo We confess with grief of heart some Disorders have and many more may befal Our good People by Our Soldiers but We appeal to all those Counties through which We have passed what care We have taken to prevent and what Justice We daily inflict upon such Offendors neither hath the least complaint been ever made to Us of Violences and Outrages which We have not to Our utmost Power repaired or punished however those false and treasonable Pamphlets are suffered which accuse Us of giving Warrant for plundring of Houses Our Mercy and Lenity is so well known to the contrary that it is usually made an excuse by those who against their Consciences assist this Rebellion against Us that they chuse rather to offend Us upon the confidence of Pardon than provoke those Malignant Persons who without Charity or Compassion destroy all who concur not with them in Faction and Opinion How far We are from Rapine and Oppression may appear by Our Lenity to the Persons and Estates of those who have not only exercised the Militia the seed from whence this Rebellion against Us hath grown but contributed Mony and Plate to the maintenance of that Army which now endeavours to destroy Us as of Nottingham Leicester and many other places through which We have passed many of whom then were and now are in that Army to let pass Our passing by Chartly the House of the Earl of Essex without other pressures than as if he were the General of Our own Army and Our express Orders to restrain the liberty Our Soldiers would otherwise have used upon that Place and his Estate about it How contrary the proceedings are of these great Assertors of the publick Liberties appears fully by the sad instances they every day give in the plundring by publick Warrant the Houses of all such whose Duty Conscience and Loyalty hath engaged them in Our Quarrel which every good Man ought to make his own by their declaring all Persons to be out of the Protection of Parliament and so exposing them to the Fury of their Soldiers who will not assist this Rebellion against Us their anointed King by the daily Outrages committed in Yorkshire when contrary to the desire and agreement of that County signed under the hands of both Parties they will not suffer the Peace to be kept but that the Distractions and Confusion may be universal over the whole Kingdom direct their Governour of Hull to make War upon Our good Subjects in that County and so continue the robbing and plundring the Houses of all such who concur not with them in this Rebellion lastly by the barbarous Sacrilegious Inhumanity exercised by their Soldiers in Churches as in Canterbury Worcester Oxford and other Places where they committed such unheard-of Outrages as Jews and Atheists never practised before God in his good time will make them examples of his Vengeance We never did nor ever shall desire to secure the Authors and Instruments of any mischiefs to the Kingdom from the Justice of Parliament We desire all such Persons may be speedily brought to condign Punishment by that Rule which is on ought to be the Rule of all punishment the known Law of the Land If there have seemed to be any interruption in proceedings of this nature it must be remembred how long Persons have been kept under general Accusations without Trial though earnestly desired that the Members who were properly to judge such Accusations have by Violence been driven thence or could not with Honour and Safety be present at such Debates that notorious Delinquents by the known Laws were protected against Us from the Justice of the Kingdom and such called Delinquents who committing no Offence against any known Law were so voted only for doing their Duties to Us and then there will be no cause of complaint found against Us. And for the Priviledges of Parliament We have said so much and upon such reasons which have never been answered but by bare positive Assertions in Our several Declarations that We may well and do still use the same expression That We desire God may so deal with Us and Our Posterity as We desire the preservation of the just Rights of Parliament the violation whereof in truth by these desperate Persons is so clearly known to all Men who understand the Priviledges of Parliament that their Rage and Malice hath not been greater to Our Person and Government than to the Liberty Priviledge and very Being of Parliaments witness their putting in putting out and suspending what Persons they please as they like or dislike their Opinions their bringing down the Tumults to assault the Members and awe the Parliament their posting and prosecuting such Members of either House as concurred not with them in their Designs and so driving them from thence for the safety of their Lives their denying Us against the known established Law and the Constitution of the Kingdom to have a Negative Voice without which no Parliament can consist their making close Committees from whence the Members of the Houses are exempted against the Liberty of Parliament and lastly resolving both Houses into a close Committee of Seventeen persons who undertake and direct all the present Outrages and the managery of this Rebellion against Us in the absence of four parts of five of both Houses and without the privity of those who stay there which is not only contrary but destructive to Parliaments themselves By these gross unheard-of Invasions and Breaches of the Priviledges of Parliament and without them they could not have done the other they made way for their attempts upon the Law of the Land and the introduction of that unlimited Arbitrary Power which they have since exercised to the intolerable Damage and Confusion of the whole Kingdom And We assure Our good Subjects the vindication of these just Liberties and Priviledges of Parliament thus violated
let the woful experience of these last eighteen years judge where in a time of Peace and Plenty the power of issuing out Commissions to compel Loans a power in the King at His pleasure to impose a Charge upon the People to provide Ships without limitation of time or proportion a power in the Council-Board to commit Men and determine business without distinction of persons or causes the power of laying Impositions both upon Forein and Domestick Commodities and many other Acts of Oppressions was under the name and colour of a Legal Right thereunto practised and put in execution against which the Subject had no help of relief but was necessitated to submit and lie under the burthen And when at any time a Parliament was called being the only cure and remedy for these griefs it could no sooner touch upon these sores but it was dashed in pieces by a sudden Dissolution And now that a remedy is provided for that mischief by the Act for continnance of this Parliament it is attempted by the force and power of an Army to effect that which formerly could have been done with more ease and readiness And now they refer it to the censure of any honest Man whether they have not the warrant of Reason and Necessity to demand some security to enjoy that which His Majesty confesseth to be the Peoples right and in reference to that whether their Demand of having the Forts Castles and Shipping to be put into such hands as both Houses shall have cause to confide in was not both moderate and reasonable And touching their Demand and His Majesty's Answer to the Clause concerning the admission of Forces into those Forts Castles and Towns they must still submit it to all indifferent judgments how much Reason and Justice was comprehended in their Demand and how little satisfaction they received therein His Majesty answers That no Forces raised or brought in contrary to Law should be admitted which they could heartily wish heretofore had or hereafter would be really performed but they desire it may be considered what security this will be to the Kingdom to prevent the raising or bringing in of Forces contrary to law who shall be Judges of the Law when those Forces are once raised and once brought in Surely His Majesty will not acknowledge the two Houses of Parliament to be for His Majesty by several Declarations hath expresly denied them any such Power For contrary to their Declarations fortified with Law and Reason His Majesty published and affirmed the Legality of the Commission of Array and put the same in execution in most parts of the Kingdom hath authorized the Papists of the Kingdom to take Arms to oppose the Parliament and their Proceedings and to rob spoil and deprive the Protestants of this Kingdom of their Estates and lives hath by divers Proclamations and Declarations published the raising of Forces and taking up of Arms by the two Houses of Parliament and such as therein obey their Commands for their own defence and the defence of their Religion and Liberty assaulted by an Army of Papists and their adherents to be Rebellion and Treason and the taking up of Arms by the Papists and their adherents to be acts of Duty and Loyalty and all this urged and pretended to be warranted by the Law of the Land And they do not doubt but by the same Law persons legally impeached and accused in Parliament of high Treason as the Lord Digby Master Percy Master Jermyn Master Oneale and others are by the power of an Army protected from the Justice of the Parliament and yet all this while the People have not only His Majesty's Promise but His Oath to govern and protect them according to the Laws of the Land And now they appeal to the World whether such a general Answer That no Forces raised or brought in contrary to Law without admitting them so much as to declare their confidence in the persons that are to be entrusted with the Power be just or reasonable What is it otherwise in effect than to make those persons that are the Instruments to violate the Law Judges of that Law which to our sad experience is the woful and miserable present condition of this Kingdom And though by what had hitherto passed they had little cause to suspect such a happy issue to the Treaty as they heartily wished and most earnestly laboured for discovering not the least inclination of compliance to their just Demands but all or most of them answered with a Denial and that not without some sharpness and acrimony yet resolving to be wanting in nothing of their parts they enjoyned their Committee to press on the Proposition for Disbanding and humbly desire His Majesty's positive Answer thereunto which if assented unto by His Majesty would though not wholly take away the cause and perfectly cure the Distractions of this Kingdom yet at least take off the smart and pain under which both Church and State do most miserably languish and so better enable them to endure the expectation of a through Cure The Committee applied themselves to His Majesty accordingly and after some endeavour to protract the debate of this Proposition and desire that it might be deferred to the conclusion of the Treaty and that the time of the Treaty might be enlarged His Majesty being earnestly importuned to a positive and speedy Answer to the end the Kingdom might know what they might trust to His Majesty was pleased to return this Answer That as soon as His Majesty were satisfied in His first Proposition concerning His own Revenue Magazines Ships and Forts secondly as soon as all the Members of both Houses shall be restored to the same capacity of sitting and voting in Parliament as they had upon the first of January 1641. not intending to extend it to the Bishops Votes or to such in whose places upon new Writs new Elections have been made thirdly as soon as His Majesty and both Houses might be secured from such tumultuous assemblies as formerly assembled about both Houses which security His Majesty explains can be only settled by adjourning the Parliament to some place twenty miles from London His Majesty would consent that both the Armies should be disbanded and come to the Parliament Which in terms plain enough is as much as to say That until both Houses shall consent to those Demands He will not Disband His Army He will continue the War And what Reason or Justice is either in the matter or manner of those demands or what hope or expectation the People can have to see an end of their present Calamities they leave it to themselves to judge His Majesty in the beginning of the Treaty in His Answer to the Propositions of both Houses was pleased to express how unparliamentary it was by Arms to require new Laws but how to apply that to the two Houses of Parliament they must confess they are to seek they never having demanded any new Laws by Arms endeavouring
and Forces in opposition to each other that these Towns Forts and Ships are a great part of their Forces so that for them to restore them absolutely to the King would be for them to disband totally and for His Majesty's Forces to continue To this His Majesty answers That this Treaty was intended by Him to be in order to a firm and settled that is a just Peace and never to be such wherein a pretended Equality should exclude evident Justice Let Equality determine the manner of the disbanding of the Armies raised upon these Distractions but let Justice restore what Violence hath taken and determine of known undoubted Rights since by this Argument if any Prince seize upon any Strength that belongs to His stronger Neighbour and Arms be taken up upon it the stronger must never in a Treaty when the Armies are to be disbanded expect to have His Strength restored to him lest the other return to be what He was and what He ought to be that is the weaker of the two Secondly His Majesty answers That by the same reason of Security other Power and Prerogatives being Strength as well as Forces and neither more vested in Him nor less possible to be used for the Peoples hurt they may as well require a share and interest in those too and that things may be made sufficiently equal between the sides may expect to be as much Kings as He. Thirdly in their own opinion and by their own confession as it appears by their Argument used in the Cessation in the point of Ships if they be but allowed the Approbation of Commanders His Majesty gives up this strength to them and not they to Him and it will be their Forces and not His which are to continue undisbanded and that that they say to be contrary to Equality and as they came by these Forces it is evident to be contrary to Justice Fourthly His Majesty answers that these Forces are not so great or so great a Strength of the side that shall possess them but that the Arts Union Industry and Violence of that Party was so much too strong for His Majesty when He had that Strength as to take that Strength from Him and therefore His Majesty wonders they should make any difficulty to restore what it may appear by so fresh experience that they are so able to resume and therefore His Majesty hopes His People will attribute it to His great Desire of Peace that He did not demand some farther security to enjoy that which is not denied to be His Majesty's And His Majesty observes that both this and the second Answer were given by His Majesty to the same Arguments made upon the same occasion by their Committee in the Treaty and yet this Declaration repeats the same Arguments without replying to those Answers Fifthly His Majesty desires that the Difficulty with which His Majesty raised His Army and the Ease with which they raised theirs may be considered how impossible it would have been for Him to have raised Forces if they had not raised first and how much slowlier this Army being disbanded He could raise a new one and how quick and ready their Body of fierce eager Sectaries and Schismaticks would be to return into an Army upon the least Call and how conveniently they inhabit for so speedy a meeting being to continue most of them in or so near London that their Quarters in War were usually much more distant than their Dwellings in Peace and then His Majesty doubts not but it will appear that in this respect too the real and total Disbanding is of His Majesty's part only and that in effect the Continuance of Forces is still of theirs Their Second Argument why His Majesty should admit of their Limitations is a bundle of Precedents To which His Majesty replies First that the Records which are here quoted for these are now in the same hands as his Majesty's Magazines Towns Forts and Ships and therefore knows not how He can either have their Truth sufficiently considered and examined or without it conside in their Quotations Secondly all the particular Circumstances both of matter and time what induced it and what followed it do not herein appear though very necessary to be known that they may be possible to be answered But this His Majesty can find upon view That some of them concern not any part of what is now demanded but one of them concerns a Chancellor Treasurer and Privy-Seal and another concerns Privy-Councillors and another the Protectorship another the choice of some without whose Advice or of four of them nothing should be done by the King which it seems they have an eye upon demanding too which made them run so much in their heads who collected these as to put them in here That some concern not the Persons now demanding but conclude only for the Merchants to chuse an Admiral and not for the Houses to confide in him which Precedent may be of some use to the Common-Council but of none to the Parliament That some are of no concern at all as only about appointing of Clarks for payment of Wages yet put in to encrease the bulk That hardly any of the Precedents that concern any of the things in Question concern any more than part of those which are altogether demanded in the Limitations desired some concerning only the Command of Ships and those too not granted by Act but by Commission and that for ought appears only during pleasure some extending but to one Town or Place as Berwick or Jersey That most of these Precedents appear to have been when the Kings were in Minority and under Protectors some when they were in extreme Age and Impotency some in the Reign of a King who was shortly after deposed in Parliament too an unlikely Circumstance to invite His Majesty at this time to follow that Example others in His Reign who succeeded Him and having no Right to the Crown but the Criminal Consent of both Houses had Reason to deny them nothing who had given Him All. And of some of the Precedents now quoted the Inconveniences are known to have been so great and so suddenly found that they were so speedily revoked in Parliament with no less a Brand than as being contrary to the Customs of the Realm and to the blemishing of the Crown that if they had ingenuously added those Circumstances these Precedents would more have justified His Majesty for not yielding than them for either asking any thing towards those or but for quoting them at all But doth any of these Precedents tell us that these Parliaments claim'd any Right in any of these or that any King yield any degree of Power in any one of these Points to both Houses when they had first taken them from Him by Force and rais'd an Army by Ordinance against Him and He was in a condition to resist what they had raised And if either any of these Kings were so much in their Power
heartily to wish that the Laws and Statutes of the Kingdom may be the Rule of what is or what is not to be done but how little fruit hath been gathered from this Tree they say let the Experience of the last Eighteen years judge To this His Majesty replies That it is true in some sense they are willing these Laws should be His Rule that is that He go no farther though they will by no means allow Him to go near so far but almost all their Actions and most of their Demands and particularly these do sufficiently shew that they will not admit of these Laws and Statutes to be any Rule to them And how much better fruit they have graffed than they found growing and whether they have not made use of the Cure and Remedy of Grievances a Parliament to impose more of all kind of Grievances upon the People in eighteen Months than can be objected to his Majesty or Ministers upon the breach and in the Intermission of Parliaments during those eighteen years let Experience be Judge And it cannot but appear strange to His Majesty if any thing could still appear strange to Him that the Illegalities under which His Subjects suffered by some of His Ministers in some part of His Reign should be now and by them laid as a Charge upon Him when not only the People have suffered far greater Illegalities and Pressures upon the same if not less pretences by those who charge Him with them but when He hath by His Acknowledgments by His ample Satisfactions by the submitting the Offenders to Punishment how great or near so ever to Him and by His many and solemn Protestations given security to His People that they shall never suffer the like under Him and when they on the other side as good as profess to the People that they think themselves obliged to maintain and consequently are likely to continue what they have done because they have done it and that their Actions shall not be retracted lest some reflection or dishonour fall upon both Houses and lest they may seem to pronounce a sentence of injustice and rashness against themselves This being one of the Reasons given by them why they cannot re-admit the Members they have expelled And His Majesty is confident that His People when they shall consider both His Ministers Actions and theirs and after compare His Ingenuity with their Principles will easily conceive under whose Government they are most likely to return to the known Rule of the Law and to find that ease and to be continued in those Rights in and to which they were born and of the Exorbitance of whose Power they have most reason to have any Fears and Jealousies and against whom they have most reason to desire to be secured that they shall enjoy their Rights Nor do they with more colour oppose His Majesty's Limitations and Conditions than they defend their own They object against His Majesty's Demand or Limitation of being satisfied in His first Proposition That if His Ships Forts c. were to be delivered before disbanding it must after be left to the pleasure of the Papists and other evil Councellors about His Majesty whether thay would disband or not But His Majesty replies That He made not His Limitation in these terms As soon as His first Proposition should be wholly granted to Him but As soon as He should be satisfied in His first Proposition which left room enough upon debate to have agreed either upon the time of delivery or upon sufficient caution that after the delivery the disbanding should unavoidably follow Nor can His Majesty look upon this Objection otherwise than as a jest since if after the performance of part of the Conditions He had refused to perform the rest He is perswaded that so open a breach of Faith would have given them a far greater strength than they had parted with in the Ships and Forts and have raised against Him a far greater Army than He should have refused to disband They object against His Demand of the restitution of Members that in His Demand no distinction is made of Persons or Offences when the reason thereof is that really no distinction can be made they being all equally innocent and all equally injuriously expelled not only for committing no Crime but for that Duty and Loyalty which deserves both approbation and reward And if they could make any distinction in this point or any Objection in any other which might possibly have satisfied His Majesty why did they not continue the Treaty and there offer it to and debate it with His Majesty rather than break off the Treaty without giving any Answer to any part of His Majesty's Message and to turn themselves wholly to the People from whom no return could possibly be made that might be in order to Peace They object against the Reason of this Demand That these Members have been expelled only for adhering to His Majesty That the same Reason may be used for the Judges who adhered to Him by furnishing Him with great Sums by Illegal Judgments about Ship-Money and Monopolies and that He may as well require the Houses to repeal the Impeachments and Proceedings against them To which His Majesty replies That by never having appeared at all in the favour excuse or extenuation of the fault of those Judges who are to answer for any unjust Judgment in all which His Majesty left them wholly to their Consciences and whensoever they offended against that they wronged His Majesty no less than His People and by His being yet so careful of these Lords and Gentlemen it may appear that His Majesty conceives that those only adhere to Him who adhere to Him according to Law And whether the remaining part of the Houses be not more apt to repeal their own Impeachments and Proceedings against those Judges if they conceive they may be made of use and brought to adhere to them then His Majesty is to require they should may appear by their requiring in their Fourteen Propositions that Sir John Brampston impeacht by themselves of so gret Misdemeanors may be made Chief Justice and by their freeing and returning Justice Barkley accused by themselves of High Treason to sit upon the Bench rather than free and imploy Justice Mallet who was not legally committed at first but fetcht from the Bench to Prison by a Troop of Horse and who after so many Months Imprisonment remains not only unimpeacht but wholly without any knowledge of what Crime he is suspected They next object against the Persons in whose behalf the Demand is made And to this His Majesty replies That to shew how far He was from having raised this Army or from intending to imploy it to destroy this Parliament or the Act for the continuance thereof as is falsely and maliciously charged upon him to avoid the Objection made against him as if He only pretended to desire to rule by Law but would really be the only Judge of
Law Himself and deny all Judgment to both Houses to shew how willing He was that both Houses should be the Judges of what belonged to them to Judge whensoever they might be in that full and free condition in which it belonged to them to be and to avoid the Destruction of the Kingdom which would be occasioned by the delay of Disbanding if that were not ended before all the present Differences His Majesty proposed this way of a full and free Meeting in Parliament and to refer those many Differences between Him and the remaining part of both Houses on which He might with Justice have insisted and which in themselves were necessary to be settled till they might be settled in that Meeting and insisted for the present only upon that which was necessary for the setling of such a Meeting And in such a Convention if the Persons now in question should upon debate have appeared guilty of such Crimes wherewith this Declaration charges them as to have deserted the House when intolerable Tumults and unjustifiable Votes drove them from it to have disobeyed and contemned the Authority of the House for not having submitted their Allegiance to that Authority to have neglected the Trust reposed in them for staying no longer where they could not with freedom discharge it and to have by Practices and Hostility endeavoured to destroy both Parliament and People for having assisted His Majesty and defended His Person against an Army raised and fighting against Him His Majesty would have been very well contented if the Houses should then judge so that they should have been finally expelled and that the People might enjoy their interest and freedom of Choice and Election when it should have been justly devolved to them But by their declining of this course it is evident that they well know in such a full and free Meeting who would appear by most voices to be the innocent and who the guilty who the deserters and who the drivers and that then and there they would as little be able to justifie their own Votes as to condemn these Persons and therefore having by Force got sole possession of the Place are wisely resolved to admit none to judge there of what is Law but only such of the major part of whose Judgments they are secure as having been made instruments to violate it To His Majesty's demand of security from such Tumults as formerly awed the Houses they only answer That what is said of awing the Members is a high and dangerous aspersion raised without doubt to invalid the Acts and Proceedings of Parliament but to the known Particulars urged by His Majesty they are wholly silent and neither deny such Tumultuous assemblies to have been nor the Lords to have twice in vain complained of them and desired the House of Commons to joyn with them in a Declaration against them nor can they deny but the Lords added this Reason Lest such Assemblies might be derogatory from the good Acts made and to be made in this Parliament all which Acts nevertheless that House undoubtedly did not intend to invalid either by that desire or by that reason Nor can any Man that hath seen what Protestations His Majesty hath taken all which He doth now again renew for maintaining of the Laws consented to by His Majesty this Parliament but sufficiently free His Majesty from the aspersion of having rais'd this to invalid those But if they mean by their Proceedings the Votes Orders Ordinances and Declarations wherewith they have almost dayly opprest His Subjects and defamed His Majesty since those Tumults if they mean the countenance they have given by personal Contributions by Oaths by Commissions of Generalship and the like to the present Rebellion raised against Him He then confesseth not that He raised this Aspersion but that He declared this Truth as an argument of the more evident invalidity of their present Proceedings which those Tumults and apprehensions of the like and of an Army now in the City to boot rather than the inclination of both Houses may appear to have produced And this appears to be no less their Opinion too by their being so infinitely unwilling to suffer the Members to meet in so secure a manner that they may be hindred by no awe from declaring to all the World whether they were awed before or no and thence the World may judge of these Mens aversion from all Agreement when in order to so blessed a thing as Peace they refuse so just a demand as Security They next Object against adjourning twenty Miles from London And in the first place they object against it That in making that a Condition of Disbanding to which by Law they are not bound to consent His Majesty requires a new Law by Arms. In which they are wholly deceived for His Majesty never made it a condition To have Security for Himself and both Houses from Tumults which they cannot deny to have been and against which notwithstanding they do not offer any other kind of Security His Majesty did demand as a Condition and Security is undoubtedly His Majesty's due by Law but the Adjournment was only expressed as that which His Majesty only conceived to be the only Security not but if they could find a better or but another way His Majesty would as readily approve of it But His Majesty appeals to the World whether His Majesty ought to have done less for His Safety and that of the Members and the freedom of their Votes than to demand Security against Tumults whether He could do more for Peace than to be ready to accept any sufficient Security that they should offer and withal to be industrious to find out a fit means for that Security Himself and to propose it in so large a manner to them as to leave them to chuse their own place out of all the rest of England and whether on the other side they could do less toward either than not to grant the Security when they cannot deny the Danger and not only not to seek after and offer any one way that might secure but so absolutely to refuse that reasonable way of Security which is offered to them whether the inconvenience of removing Records twenty miles ought to be in any balance with the Miseries of a War whether the avoiding of this but tacite confession of that Truth which they call a Scandal but can never prove one that His Majesty was forced for His Safety to withdraw from His Parliament of which the Army raised without His consent to bring in triumph to the Houses Persons accused of High Treason by Him were alone a sufficient testimony and that the Members were awed when their Names were sometimes demanded and sometimes posted their Persons laid hands on and the Tumultuous multitude neither punish'd nor discountenanc'd so much as by a Declaration whether the fear lest London in which and by a part of which all this was done should seem to suffer under a Charge
Son the Prince that when it was desired that a Declaration might be made against such Tumults instead of consenting thereunto the Tumults themselves were justified and when a Legal course was prescribed by the Lords and taken by the proper Ministers of Justice to suppress and prevent such Tumults and Riots that Legal course was superseded by those who were then present of the House of Commons and the Ministers of Justice punished and imprisoned for executing the Law when they remember that several Members of either House have been threatned and assaulted in those Tumults and their own Names proscribed as Persons disaffected because they freely used to speak their Consciences in both Houses that the House of Peers have been so far threatned and menaced that the Names of those have been with Threats demanded by the House of Commons at the Bar of the Lords House who refused to consent to this or that Proposition which hath been in debate before them and Tumultuous Petitions countenanced which have been presented to that same purpose that the Members of both Houses have been imprisoned and forbid to be present at those Councils for no Reason but because their Opinions have not been liked that Our Negative Voice Our greatest and most soveraign Privilege is boldly denied that a presumptuous Attempt hath been made by the major part of the remaining part of the House of Commons to make Our Great Seal of England the making of which by the express Letter of the Law is High-Treason and would subvert the ancient and fundamental Administration of Justice that at this time We and the major part of both Houses are kept by a strong and Rebellious Army from being present at that Council and that those who are present are by the same Army awed and forced to take unlawful and Treasonable Protestations to engage their Votes and that such Resolutions and Directions which concern the Property and Liberty of the Subject are transacted and concluded by a few Persons under the Name of a Close Committee consisting of the Earl of Manchester the Lord Say Master Pym Master Hampden Master Stroud Master Martin and others the whole number not exceeding seventeen Persons without reporting the same to the Houses or having the same confirmed by the Houses contrary to the express Law and Customs of Parliament All which for the matter of Fact We are ready to make proof of and desire nothing but to bring the Contrivers of all the aforesaid Mischiefs to their Tryal by Law and till that be submitted to We must pursue them by Arms or any other way in which all our good Subjects ought to give Us assistance to that purpose The imagining the Death of Us Our Royal Consort or Our Eldest Son the Levying War against Us in Our Realm or adhering to Our Enemies in Our Realm giving to them Aid or Comfort the counterfeiting Our Great Seal or Money being by the express Words of the Statute of the 25 Year of King Edward the J. Chap. 2. High Treason And how applicable this is to those who have actually born Arms against Us and to those who have consented that such Arms be born to those who have promised to live and die with the Earl of Essex and those who every day consent to some Act for the support and encrease of that Army We shall leave to all the World to judge and hope that this gracious Warning and Information now given by Us will make that impression in the Hearts of Our People that they will no longer suffer themselves to be mis-led from their Duty and Allegiance upon any pretences whatsoever And We do declare That We shall proceed with all severity against all Persons whatsoever who shall henceforward assist vote or concur in any kind toward the maintaining or countenancing such Actions and Resolutions which by the known and express Laws of the Land are High Treason and against all those who shall adhere to them who are in Rebellion against Us as against Rebels and Traitors in such manner as by the Laws and Statutes of the Realm is directed and appointed And since by the Power of Seditious Persons We and both Houses are kept from being secured against Tumultuous Assemblies and both Houses from Adjournment to some place of Safety which being done might quickly make an end of these miserable Distractions whereby We are debarred from the benefit and advice We expected from that Our great Council the Members thereof being scattered into several places therefore that the whole Kingdom may see that We are willing to receive Advice from those who are trusted by them though We cannot receive the same in the place to which they were called for the Reasons aforesaid nor intend to receive Advice from them elsewhere in the capacity of Houses of Parliament We do hereby declare that such of the Members of both Houses as well those who have been by the Faction of the Malignant Party expelled for performing their Duties to Us and into whose Rooms no Persons have been since chosen by their Countries as the rest who shall desire Our Protection shall be welcome to Us at Our City of Oxford until by the Adjournment of the Houses to some fit and free place or otherwise due course be taken for the full and free Convention in Parliament of Us and all the Members of both Houses And for their better encouragement to resort to Us We do hereby Will and Command all the Officers and Souldiers of our Army to suffer all such Persons who are Members of either House with their Attendants and Servants to come to Us to this Our City of Oxford And that none of Our good Subjects may believe that by this Our necessary Declaration against the Freedom and Liberty of that present Assembly We may have the least intention to violate or avoid any Act or Acts passed by Us for the good and benefit of Our People this Parliament we do hereby declare to all the World That We shall as We have often promised as inviolably observe all those Acts as if no such unhappy Interruption had happened of the Freedom and Liberty in that Council and desire nothing more than to have such a free Convention in Parliament that we may add such further Acts of Grace as shall be thought necessary for the Advancement of the true Protestant Religion for the maintenance of the Liberty and Property of the Subject and the preservation of the Liberty Freedom and Privileges of Parliament And that all the World may see how willing and desirous We are to forget all the Injuries and Indignities offered to Us by such who have been misled through Weakness or Fear or who have not been the principal Contrivers of the present Miseries We do offer a free and general Pardon to all the Members of either House except Robert Earl of Essex Robert Earl of Warwick Edward Earl of Manchester Henry Earl of Stamford William Viscount Say and Seal Sir John Hotham Knight
D. in Physick Will. Constantine Esq Hen. Killegrew Esq Ric. King Esq John Dutton Esq Hen. Bret Esq Will. Chadwel Esq Sir Theobald Gorges John George Esq Sir Tho. Fanshaw Humf. Conningesby Esq Ri. Seaborne Esq Arth. Lord Ranelaugh Tho. Tomkins Esq Sir Sampson Evers Sir John Culpeper Jeffrey Palmer Esq Sir John Harrison Tho. Fanshaw Esq Sir Rog. Palmer Sir Orlando Bridgman Will. Watkins Esq John Smith Esq Sir Tho. Bludder Sir Ed. Littleton Sir Harvy Bagot Sir Ri. Leveson Sir Ri. Cave Ri. Weston Esq Sir Ri. Lee. Sir Tho. Whitmore Sir Ed. Acton C. Baldwin Esq R. Goodwin Esq Tho. Howard Esq Tho. Littleton Esq Sir Ro. Howard Sir John Meux Matthew Davis Esq Sir F. Cornwallis Tho. Jermyn Esq John Taylor Esq William Basset Esq Sir William Portman Sir Edw. Rodney Tho. Hanham Esq Ed. Phelips Esq John Digby Esq Ed. Kirton Esq Christ. Leuknor Esq Sir Edw. Alford John White Esq John Ashburnham Esq Will. Smith Esq Tho. Leedes Esq Sir Ja. Thynne W. Pleydell Esq Ro. Hyde Serjeant at Law Sir Ed. Griffin Sir Walter Smith Geo. Lawe Esq Ric. Harding Esq Sir Hen. Herbert End Porter Esq Sam. Sandys Esq John Bodvill Esq Will. Morgan Esq Will. Thomas Esq Jo. Mostyn Esq Hen. Bellasis Esq Sir Geo. Wentworth Will. Mallory Esq Ri. Aldburgh Esq John Salisbury Esq Will. Herbert Esq William Price Esq Sir John Price Sir Ri. Herbert Charles Price Esq Phil. Warwick Esq Tho. Cooke Esq Sir Rob. Crooke Herb. Price Esq John Whistler Esq These Peers following being disabled by several accidents to appear sooner have since attended the Service and concurred with us Viscount Cambden Lord Abergavenny Lord Arundell Lord Capell Lord Newport Peers imployed in His Majesty's Service or absent with leave Marquess of Winchester Marquess of Worcester Marquess of New-castle Earl of Darby Earl of Huntingdon Earl of Clare Earl of Marleborough V. Falconbridge L. Morly L. Darcy and Coniers L. Stourton L. Evers L. Daincourt L. Pawlet L. Brudenel L. Powys L. Herbert of Cherbury L. Hopton L. Loughborough L. Byron L. Vaughan L. Widderington Peers absent in the parts beyond the Seas Earl of Arundell Earl of St. Albans L. Viscount Montague L. Viscount Stafford L. Stanhope L. Coventry L. Goring L. Craven of Hamsted L. Craven of Ryton Peers in Prison for their Loyalty to His Majesty Earl of Chesterfield L. Mountague of Boughton Whoever views these numbers and considers how many Peers are at this time under Age will quickly know who and how many are privy or consenting to the Counsels at Westminster These Members of the Commons House following being disabled by several accidents to appear sooner have since attended the Service and concurred with us Peter Venables Esquire Sir John Pawlet Edward Bagshaw Esq Sir John Burlasey Francis Newport Esquire Anthony Hungerford Esq John Russel Esquire Thomas Chichley Esquire Earl of Cork Sir Gervase Clifton Sir Guy Palmes Robert Sutton Esquire Gervase Hollis Esquire Sir Patricius Curwen Sir Henry Bellingham Sir George Dalston Sir Thomas Sandford Sir William Dalston Michael Wharton Esquire Sir Robert Hatton James Scudamore Esq Sir John Brooke Sir John Stepney Imployed in His Majesty's Service or absent with leave or by Sickness Sir John Fenwick Hugh Potter Esquire Walter Kirle Esquire William Stanhope Esquire Sir William Carnaby Sir Thomas Danby John Fenwick Esquire Ralph Sneade Esquire Sir William Ogle Sir Thomas Jermyn Sir John Stowell Sir Robert Strickland Sir Philip Musgrave John Cowcher Esquire John Coventry Esquire Sir Henry Slingsby Sir John Mallory John Bellassis Esquire Sir Thomas Ingram Lord Mansfield Thomas Heblethwayte Esquire Sir Hugh Cholmely Sir George Wentworth Sir Walter Lloyd Sir Henry Vaughan Francis Lloyd John Vaughan Esquire Richard Ferrers Esq George Hartnoll Esq Sir William Vdall Robert Hunt Esquire Thomas May Esquire Sir Thomas Bowyer Sir Thomas Roe Whoever now considers how many have retired themselves unto several Counties and so are absent from Westminster and yet cannot through the danger of Travelling be present at Oxford how many have withdrawn themselves into the parts beyond the Seas how many of their own principal Instruments are Voted out of the House by themselves as Sir John Hotham and his Son Sir Alexander Carew Mr. Martin Mr. Fiennes and many others and how many now are Imprisoned by them how many Members from the beginning have been factiously kept from the House upon questions of Election and how many without any colour are kept in by not suffering their Elections to be reported and that there are Thirty five Members dead into whose rooms no new Persons are chosen how many since are become Barons by descent or Creation will easily conclude how small the number is which remains and of those how few in truth have Right in sit there CHARLES R. March 19. 1643. Our express Pleasure is That this Declaration of the Lords and Commons of Parliament assembled at Oxford be read by the Parson Vicar or Curate in every Church and Chapel within Our Kingdom of England and Dominion of Wales The Declaration of the Lords and Commons of Parliament assembled at Oxford according to His MAJESTY'S Proclamation Concerning their Endeavours since they came thither for the Peace of the Kingdom and the Reasons enforcing their Abscence from Westminster VVE the Lords and Commons of Parliament being upon just and important reasons absent from the City of Westminster whither we were Legally called or sent by the Power and Authority of His Majesty's Writ when He summoned His Parliament and being by His gracious Proclamation of the two and twentieth day of December convened at Oxford with full liberty to present our humble Advice to His Majesty for the preservation of the Religion Laws and Safety of the Kingdom thought it most agreeable to our Duty to God our zeal and tenderness of His Majesty's Honour and Safety and our Affection and Compassion of the bleeding condition of our miserable Country to use our utmost and earliest endeavours to prevent the effusion of more Christian English Blood and to close those Wounds through which this Kingdom is in danger in a short time to languish even to Desolation And finding the ill success which had attended all the Overtures of Treaty and Accommodation made by His Majesty His Majesty's most gracious Message from Nottingham being with so much contempt rejected which being sent by Members of both Houses those Messengers were not suffered to deliver it as Members or to sit in the House whilst the same was debated contrary to the Privilege of Parliament and that to the two last Messages sent by Him of the twelfth of April and nineteenth of May in both which are most gracious expressions of His Princely and passionate inclinations to Peace as may appear by those Messages herewith again re-printed there hath not been the least Answer returned to His Majesty but on the contrary His Messenger imprisoned and to this day detained and an Order that on pain of Death none should presume to come thither from His Majesty upon
what business soever without leave from the Earl of Essex in pursuance of which Order though the same passed only the Commons a sworn Messenger of His Majesty's hath been barbarously put to death for carrying a Legal Writ to London we thought any address for Peace would most successfully pass through His hands and that when we had considered how unhappily he had been made an Instrument of so much Blood and Devastation he would with great chearfulness have interposed in a business of Reconciliation and at least have met us half way in so blessed a Work and therefore with His Majesty's leave which He most readily and graciously gave us and for which we doubt not He shall receive the Thanks and Prayers of all His good Subjects we direct a Letter to that purpose to him signed under our hands Whosoever reads that Letter and we hope it will be read by all men will bear us witness and it will be a Witness against those who have rejected it that we have done our parts In stead of vouchsafing us any Answer or proposing us any other way towards Peace if that which we proposed was not thought convenient he writes a short Letter to the Earl of Forth General of His Majesty's Army acknowledging the receipt of ours but saying that it neither having Address to the two Houses of Parliament nor therein there being any acknowledgement of them he could not Communicate it to them whereas the Address was in the way prescribed prescribed under pain of Death no Address being allowed as aforesaid but by the Earl of Essex and he being desired to represent to and promove with those by whom he is trusted our most sincere and earnest desire of a Treaty so that if there had been the least inclination to or enduring of an Overture of Peace he might have as easily communicated it to all those by whom he is instrusted as to a Committee by whose Advice 't is well known his Answer was sent and with it and as part of it a Paper intituled The Declaration of the Kingdom of Scotland and A Declaration of the Kingdoms of England and Scotland and another A solemn League and Covenant the Declarations and Covenant being against the King of both Kingdoms without the consent of and against the major part of the Nobility and we are confident the Gentry and Commonalty of This. And if his Lordship would make good his own Letter and spend his Blood or but use his endeavour for the maintenance of the Parliament of England being indeed the foundation whereupon all Our Laws and Liberties are supported we should not Treat at this distance at least a Treaty would not have been rejected We suffered not Our Selves to be discouraged with this refusal but a safe Conduct was desired for two Gentlemen against whom there neither was nor could be the least exception to go to Westminster to present such Propositions as might best conduce to the Peace of the Kingdom conceiving that by such means our meaning and intentions might best appear and all formalities and unnecessary insisting and mistakes upon words might be removed This safe Conduct which hath never been denied by His Majesty or His Generals to any person who hath desired to have admittance to Him was likewise absolutely refused by the Earl of Essex yet with some expressions That if any Propositions should be sent to those by whom he was intrusted he would use his utmost endeavours to advance the Peace which though it seem'd nothing agreeable to his former Answers obtained yet so much credit with us that we besought His Majesty once more in His own Royal Name to press and desire a Treaty and to direct His Message under such a Title that they who call themselves the two Houses of Parliament could not take any Exception but should be compelled to return some Answer or other And an Answer it hath drawn from them but such an one as will sufficiently inform the World if there could yet have remained any doubt of it how much they are Enemies to Peace Those Answers Declarations and that Covenant are likewise publick to all men God and the World must judge between us In the mean time we must without bitterness or sharpness of Language to which neither example or provocation shall transport us tell these men That most of us are too well known even to themselves to be suspected to incline to be either Papists or Slaves or that we can possibly be made Instruments to advance either Popery or Tyranny And since the defence of the Religion Laws and Liberties of the Kingdom seems to be and in truth is on our part the Argument of this bloody Contention and that we are endeavouring all ways to destroy one another in the behalf of that we all do or all pretend to desire we think our selves obliged to Truth to the present Age and to Posterity to let the World know That as we are much more tender of the Religion Laws and Liberty of the Kingdom than of our Lives and Fortunes so the uneasie Condition wherein we are and the heavy Judgments and Proscriptions imposed on us by our Equals have proceeded and been caused from that Conscience Loyalty and Duty in which we have been Born and Bred and from which we could not swerve without the manifest breach of our Allegiance and those civil Oaths we are obliged by As we hope will appear to all men by this our ensuing Declaration We shall pass over only acknowledging His Majesty's abundant care and favour to His People those excellent Laws made this Parliament for the vindication and removal of those Mischiefs and Inconveniences which seemed to threaten our Rights and Liberty to all which there are very few amongst us who concurred not fully however we are now traduced with the negligence of both and that most gracious Offer of His Majesty to consent to an Act for the ease of tender Consciences in matters indifferent which if it had been accepted would have prevented many of the Miseries have since besallen this poor Kingdom And because the Name and Privilege of Parliament is pretended in defence of those Actions which are done contrary to the known Laws by which only Right and Wrong can be measured and determined and by that venerable Name many of our Companions and Friends have been led into unwarrantable Actions before we come to consider the state and condition of the Religion Laws and Liberty of the Kingdom by these Distractions we shall let the World know how much the inherent and essential Privileges of Parliament have been violated how we being called by His Majesty and trusted by our Country with their Suffrages in that Council hath been driven and are now kept from the place whither we were first called by His Majesty and where some Members still sit and lastly how far this miserable and to say no more this unjustifiable Civil War and this desperate and odious Invasion of a
the composing and ending of those unhappy Differences and Distractions about which so much blood hath been already spilt which Treaty may by the blessing of God who is the disposer of all mens hearts and of all events be a means to produce a Peace and whereas it is the Duty and hath been the practice of Christians under Affliction to set apart some time for publick and solemn Humiliation and Prayer for removing of God's Judgments and particularly for a Blessing and good Success to the means conducing to their Deliverance We do therefore by this Our Praclamation appoint and streightly charge and command that on Wednesday being the 5. of February next ensuing a solemn Fast be kept in all places within Our Dominions whither the notice of this Our Proclamation shall or may come before that time that both Prince and People may then joyn together in a true Humiliation and Devout and earnest Prayers to God that He would be pleased so to bless and prosper this intended Treaty that it may produce a happy Peace in all Our Dominions such as may be for his Honour and the good of His Church and of Us and all Our Subjects And We do hereby charge and require all Our Subjects of what degree or condition soever they be which shall have notice of this Our Proclamation That they do religiously prepare and apply themselves to a due observation of the same by Fasting Humiliation and Prayer on that day and in hearing of God's Word as they will answer to God their neglect of this Christian Duty and as will Answer to Us their neglect of this Our just and necessary Command And for the better and more orderly observation of this Fast We do hereby appoint that the Form of Prayer and Service of God set forth in the Book heretofore published for the Monthly Fast with such Alterations and Additions as shall be prepared and fitted for this present purpose and published in Print before the said day shall be used in all Churches and Chapels where this Fast shall be kept Given at Our Court at Oxford this 27. day of January in the Twentieth year of Our Reign 1644. God Save the KING HIS Majesty having received an Account from His Commissioners of their proceedings in the late Treaty at Vxbridge to the end that all His People may be fully satisfied of His earnest and constant endeavours to procure the publick Peace whereby to put an end to these present Miseries hath commanded this full and plain Narrative of all the Passages concerning that Treaty to be made and published AFter His Majesty's Message from Evesham of the 4. of July last desiring and propounding a Treaty for Peace and His second Message from Tavestock of the 8. of September last renewing that desire at length on the 23. day of November last past the Earl of Denbigh and others repaired to His Majesty at Oxford with Propositions in these words following VVE Your Majesty's Loyal Subjects assembled in the Parliaments of both Your Kingdoms from the sense of that Duty we owe unto Your Majesty and of the deep Sufferings and many Miseries under which Your People of all Your Kingdoms lie bleeding in this unnatural War after long and serious consultation about the best ways and means of their Preservation and for settling Your Majesty's Throne and Your Subjects in Peace and Security have with common consent resolved upon these Propositions which we do humbly tender unto Your Majesty The humble Desires and Propositions for a safe and well-grounded Peace agreed upon by the mutual Advice and Consent of the Parliaments of both Kingdoms united by solemn League and Covenant to be presented to His Majesty I. That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations against both or either of the Houses of the Parliament of England and the late Convention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and Proceedings or against any for adhering unto them and all Indictments Outlawries and Attainders against any for the said Causes be declared Null suppressed and forbidden and that this be publickly intimated in all Parish-Churches within His Majesty's Dominions and all other places needful II. That His Majesty according to the laudable Example of His Royal Father of happy memory may be pleased to swear and sign the late solemn League and Covenant and that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliaments respectively with such Penalties as by mutual Advice of both Kingdoms shall be agreed upon III. That the Bill be passed for the utter abolishing and taking away of all Archbishops Bishops their Chancellours and Commissaries Deans and Sub-deans Deans and Chapters Arch-deacons Canons and Prebendaries and all Chaunters Chancellours Treasurers Sub-treasurers Succentors and Sacrists and all Vicars Choral and Choristers old Vicars and new Vicars of any Cathedral or Collegiate Church and all other their under-Officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such Alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the Date at Edenborough 29 of Novemb. 1643. and joint Declaration of both Kingdoms IV. That the Ordinance concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament V. That Reformation of Religion according to the Covenant be settled by Act of Parliament in such manner as both Houses shall agree upon after Consultation had with the Assembly of Divines And for as much as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and Uniforminy in matters of Religion that such Unity and Uniformity in Religion according to the Covenant as after Consultation had with the Divines of both Kingdoms now assembled shall be joyntly agreed upon by both Houses of the Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively VI. That for the more effectual disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and deluding the Laws and for the better discovering and speedy conviction of Recusants an Oath be established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory worshipping of the consecrated Host Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appointed by the said Act to be sufficient conviction in Law of Recusancy VII An Act of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion VIII An Act for the true levying of the Penalties against them
which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no loss IX That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duly executed and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this Kingdom X. The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of Parliament there shall think fit XI That the King do give His Royal Assent To an Act for the due Observation of the Lords day And to the Bill for the suppression of Innovations in Churches and Chappels in and about the Worship of God and for the better advancement of the Preaching of God's holy Word in all parts of this Kingdom And to the Bill against the enjoying of Pluralities of Benefices by Spiritual Persons and non-Residency And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colleges of Westminster Winchester and Eaton And to an Act in like manner to be agreed upon for the suppression of Interludes and Stage-playes this Act to be perpetual And to an Act for the taking the Accompts of the Kingdom And to an Act to be made for relief of sick and maimed Souldiers and of poor Widows and Children of Soldiers And to such Act or Acts for raising of Moneys for the payment and satisfying of the publick Debts and Damages of the Kingdom and other publick uses as shall hereafter be agreed on by both Houses of Parliament And to an Act or Acts of Parliament for taking away the Court of Wards and Liveries and all Wardships Liveries Primer seisins and Ouster le maines and all other charges incident or arising for or by reason of Wardship Livery Primer seisin or Ouster le main And for the taking away of all Tenures by Homage and all Fines Licences Seisures and Pardons for Alienation and all other charges incident thereunto and for turning of all Tenures by Knights service either of His Majesty or others or by Knights service or soccage in Capite of His Majesty into free and common Soccage and that His Majesty will please to accept in recompence hereof 100000 pounds per annum And give Assurance of His consenting in the Parliament of Scotland to an Act ratifying the Acts of Convention of the Estates of Scotland called by the Council and Conservatory of Peace and the Commissioners for the common Burthens and assembled the 22 day of June 1643. and several times continued since in such manner and with such additions and other Acts as the Estates convened in this present Parliament shall think convenient XII That an Act be passed in the Parliament of both Kingdoms respectively for confirmation of the Treaties passed betwixt the two Kingdom viz. the large Treaties the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Berwick of the 29. of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. with all other Ordinances and Proceedings passed betwixt the two Kingdoms in pursuance of the said Treaties XIII That an Act of Parliament be passed to make void the Cessation of Ireland and all Treaties with the Rebels without consent of both Houses of Parliament and to settle the prosecution of the War of Ireland in both Houses of Parliament to be managed by the joynt advice of both Kingdoms and the King to assist and to do no Act to discountenance or molest them therein XIV That an Act be passed in the Parliament of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30. of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. That the Persons who shall expect no Pardon be only these following RUPERT and MAURICE Count Palatines of the Rhene James Earl of Derby John Earl of Bristol William Earl of Newcastle Francis Lord Cottington John Lord Pawlet George Lord Digby Edward Lord Littleton William Laud Arch-Bishop of Canterbury Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Dery Sir John Biron Knight William Widdrington Colonel George Goring Henry Jermin Esq Sir Ralph Hopton Sir Francis Doddington M. Endymion Porter Sir George Ratcliffe Sir Marmaduke Langdale Sir John Hotham Captain John Hotham his Son Sir Henr Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddel Junior Colonel ..... Ware Sir John Strangwaies Sir John Culpeper Sir Richard Floyd John Bodvile Esq Mr. David Jenkins Sir George Strode Sir Alexander Carew Marquiss of Huntley Earl of Montross Earl of Niddisdale Earl of Traquaire Earl of Carnewath Viscount of Aubayne Lord Ogilby Lord Rae Lord Harris Lodwick Lindsey sometime Earl of Crawford Patrick Ruthen sometime Earl of Forth James King sometime Lord Ethyn Irving younger of Drunim Gordon younger of Gight Lesly of Auchintoule Sir Robert Spotswood of Dumipace Colonel John Cockram Master John Maxwel sometime pretended Bishop of Ross Master Walter Balcanquall and all such others as being processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. All Papists and Popish Recusants who have been now are or shall be actually in Arms or voluntarily assisting against the Parliaments or Estates of either Kingdom 3. All persons who have had any hand in the plotting designing or assisting the Rebellion in Ireland 4. That Humphry Bennet Esq Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Lee Sir John Pate John Ackland Edmund Windham Esquires Sir John Fitz-herbert Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esq Sir William Russel of Worcestershire Thomas Lee of Adlington Esq Sir John Girlington Sir Paul Neale Sir William Thorold Sir Edward Hussey Sir Thomas Lyddel Senior Sir Philip Musgrave Sir John Digby of Nottingh Sir Henry Fletcher Sir Richard Minshal Laurence Halsteed John Denham Esquires Sir Edmund Fortescue Peter St. Hill Esq Sir Tho. Tildesly Sir Hen. Griffith Michael Wharton Esq Sir Hen. Spiller Sir George Benion Sir Edward Nicholas Sir Edward Walgrove Sir Edward Bishop Sir Robert Owsly Sir John Maney Lord Cholmely Sir Thomas Aston Sir Lewis Dives Sir Peter Osborn Samuel Thorneton Esq Sir John Lucas John Blomey Esq Sir Thomas Chedle Sir Nicholas Kemish and Hugh Lloyd Esq and all such of the Scotish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their Proceedings or have sworn or subscribed the Declaration against the Convention and Covenant and all such as have assisted the Rebellion in the North or the Invasion in the South of the said Kingdom of Scotland or the late Invasion made there by the Irish and their Adherents and that the
your Lordships are not satisfied that such Words as we have charged him with were spoken by him we are ready to produce the proof thereof to your Lordships Their further Answer 1. February WE will represent both your Lordships Papers concerning Master Love unto the Lords and Commons assembled in the Parliament of England at Westminster who will proceed therein according to Justice In the next place according to the order before mentioned do follow the Passages and Papers concerning Religion Their Paper 31. January ACcording to the Paper delivered by us to your Lordships yesternight we do now offer these Propositions following which concern Religion That the Bill be passed for abolishing and taking away of all Arch-Bishops Bishops c. according to the Third Proposition That the Ordinances concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament That the Directory for Publick Worship already passed both Houses of the Parliament of England and the Propositions concerning Church-Government hereunto annexed and passed both Houses be enacted as a part of Reformation of Religion and Uniformity according to the Fifth Proposition That His Majesty take the Solemn League and Covenant and that the Covenant be enjoyned to be taken according to the Second Proposition To this was annexed the following Paper of the 31. January That the ordinary way of dividing Christians into distinct Congregations and most expedient for Edification is by the respective bounds of their Dwellings That the Minister and other Church-Officers in each particular Congregation shall joyn in the Government of the Church in such manner as shall be established by Parliament That many particular Congregations shall be under one Presbyterial Government That the Church be governed by Congregational Classical and Synodical Assemblies in such manner as shall be established by Parliament That Synodical Assemblies shall consist both of Provincial and National Assemblies The King's Commissioners Paper 1. February HAving considered your Lordships Paper containing the Propositions concerning Religion with the Paper annexed and finding the same to contain absolute Alterations in the Government both of the Ecclesiastical and Civil State we desire to know whether your Lordships have power to Treat and debate upon the said Propositions and upon debate to recede from or consent to any Alterations in the said Propositions if we shall make it appear to be reasonable so to do or whether your Lordships are bound up by your Instructions to insist upon the Propositions without any Alteration Their Answer 1. February OUR Paper given in to your Lordships concerning Religion doth contain no Alterations but such as are usual in a time of Reformation and by the wisdom of the Parliaments of both Kingdoms are judged necessary at this time for settling Religion and Peace And as by our Commissions and Papers formerly shewed your Lordships we have made known our Power to Treat upon them so are we ready by Debate to shew how reasonable they are and that there will be no reason to expect that we should alter or recede from them But as for your demand of our shewing what farther Power we have by our Instructions it is that we have no warrant to do as we have already signified to your Lordships by a former Paper The King's Commissioners Paper 1. February YOUR Lordships first Proposition in the Paper concerning Religion referring to the Third Proposition sent to His Majesty we find that refers to the Articles of the late Treaty of the date at Edenburgh 29. Nov. 1643. and to the joynt Declaration of both Kingdoms We desire your Lordships we may see those Articles and Declarations and your Lordships second Proposition in that Paper referring to the Ordinances concerning the Calling and sitting of the Assembly of Divines we desire to see those Ordinances Their Answer 1. Feb. ACcording to your Lordships desire in the third Paper we now deliver in the Articles of the late Treaty of the date at Edenburgh 29. of November 1643. and the joynt Declaration of both Kingdoms and we shall speedily deliver to your Lordships the Ordinances concerning the Calling and sitting of the Assembly of Divines The King's Commissioners Paper 1. Feb. VVE desire to know whether the Propositions which we have received from your Lordships touching Religion be all we are to expect from you upon that Subject Their Answer 1. Feb. THere are other things touching Religion to be propounded by us unto your Lordships upon the Propositions formerly sent unto His Majesty from the Parliaments of both Kingdoms which we shall in due time give in unto your Lordships But we do first desire your Answer to the Paper touching Religion given in yesterday that some good progress may be made therein before the three days assigned to Treat upon Religion in the first place do expire The King's Commissioners Paper 1. Feb. VVE desired to know whether the Propositions we formerly received from your Lordships concerning Religion were all that would be offered concerning that Subject because we thought it very necessary since so great Alterations are proposed by you to have a full view of the whole Alterations that are desired since in an Argument of the greatest weight and highest importance we cannot possible give a present Judgment of any part till we have a prospect of the Whole But since your Lordships do not yet think it time to let us have a sight of the rest but first desire our Answer to the Paper delivered yesterday which contains many particulars of which we never heard before we shall apply our selves to understand the things proposed by you in such manner as we may return your Lordships a speedy Answer and to that purpose must desire your Lordships information in some particulars which are comprized in your Lordships paper And when your Lordships consider that the Directory for Worship being so long was delivered to us but yesterday that the Covenant the Articles of the Treaty of Edenburgh the Declaration of both Kingdoms which are comprehended within the First Proposition were delivered to us but this day and therefore we could return no Answer concerning the Bill for abolishing Arch-bishops and Bishops which is proposed to be passed according to the Third Proposition in which the said Articles and Declarations are comprehended and that the Ordinances for the Sitting of the Assembly are not yet delivered unto us we are confident your Lordships will not think us negligent in making as good a progress in the Treaty upon Religion as is in our power which we shall endeavour to advance with all diligence and the best of our understanding Afterwards the same first of February the Ordinances for the Assembly of Divines were delivered in After some debate touching the nature of the Church Government intended by the Paper annexed to the first Paper upon the Subject of Religion which are here before set down the Kings Commissioners delivered in this following Paper 1. Feb. THE Information we
individual Bill is not agreeable to Conscience and Justice and that it would be very prejudicial to the Civil State and to the Peace of the Kingdom neither have the Reasons and Objections given by us against it first in Debate and since in Writing been answered in Debate by your Lordships And therefore we know no reason why your Lordships may not give an Answer to those Objections in Writing For as it is not agreeable to the usage of Parliaments for the two Houses to give His Majesty Reasons why he should pass any Bill presented by them so it is no more agreeable to the same usage for His Majesty to give Reasons why He doth not pass Bills so presented But we desire your Lordships to consider that we are now in a Treaty and we conceive the proper business thereof to be for your Lordships to give us Reasons why His Majesty should consent to the Propositions made by you or for us to give Reasons to your Lordships why we cannot consent to those Propositions otherwise it would be only a Demand on your Lordships part and no Argument of Treaty between us And we must profess to your Lordships that as we conceived in our former Paper the Succession of Episcopacy by Succession from the Apostles time was consented to on all parts so we cannot remember that the contrary thereof was so much as alledged much less that the Unlawfulness thereof was proved the Question of the Lawfulness thereof having never yet come in debate And we shall be very ready to receive any assertion from your Lordships to that purpose not doubting but we shall give your Lordships full satisfaction in that point And we conceive the Alterations proposed by us to your Lordships to be a very proper Answer to your Lordships Propositions and most agreeable to the end for which those Propositions seem to be made And that since it appears that the utter abolishing of Episcopacy in the manner proposed is visibly inconvenient and may be mischievous the Regulating of Episcopacy being most consonant to the Primitive Institution will produce all these good effects towards Peace and Unity which Regulated Episcopacy is the sum of our former Paper we desire your Lordships to consent to the same And we again offer to your Lordships that if you shall insist upon any other things necessary for Reformation we will apply our selves to the consideration thereof Their Answer to the Second 13. Feb. VVE conceive your Lordships second Paper this day delivered to us is a Denial of our Demands that the Ordinance for the Calling and Sitting of the Assembly of Divines be confirmed by Act of Parliament and that His Majesty take the solemn League and Covenant and the Covenant be enjoyned to be taken according to the Second Proposition Wherein if we mis-conceive your Lordships intention we desire you would explain the meanings and accordingly shall make our reports to the Parliaments of both Kingdom The King's Commissioners Reply 13. Feb. COncerning the Ordinances for the Calling and Sitting of the Assembly of Divines and the taking the Covenant we can give no farther Answer than we have done in our second Paper delivered to your Lordships this day Their Answer to the Third 13. Feb. VVE do conceive your Lordships third Paper is a Denial of our Demands concerning the Directory for publick Worship and the Proposition for Church-Government against which your Lordships have made no Objection and your Queries are already satisfied by Conference And we shall accordingly make our reports to the Parliaments of both Kingdoms The King's Commissioners Reply 13. Feb. OUR expressions in our Answer to your Lordships Demands concerning the Directory for publick Worship import only what we as yet conceive concerning that matter there having hitherto been no debate touching the same or concerning the Common-Prayer-Book now established by Law and thereby intended to be abolished And therefore we did in that Paper and do still desire to receive your Lordships Objections against the Book of Common-Prayer and your Reasons for introducing the Directory Neither can our Answer to the Propositions for Church-Government annexed to your first Paper be otherwise taken than as our desire to receive information how that Government should be constituted in particular and what Jurisdiction should be established by whom granted and upon whom it should depend which Queries were not satisfied by any Conference your Lordships as we conceive having declared your selves that the particular form or model of that Government mentioned in those Propositions only in General were not then particularly agreed on and we have since desired and expect to receive it and therefore your Lordships cannot conceive we have denied that which we have not yet seen nor been informed of Their Answer to the Fourth 13. Feb. TO your Lordships Fourth Paper we Answer The Bill for suppressing of Innovations in Churches and Chapels in and about the Worship of God c. and for the better advancement of the Preaching of God's holy Word in all parts of this Kingdom and against the enjoying of Pluralities of Benefices by Spiritual Persons and Non-residency were heretofore presented to His Majesty and remain with him and we herewith deliver to your Lordships the Ordinance for the due observation of the Lord's day and we insist on our former Demands concerning them And when your Lordships have given us your full Answers to our desires already with you concerning Religion we then shall deliver unto your Lordships our Demands concerning Papists the regulating the Universities the Education and Marriage of His Majesty's Children in the true Protestant Religion contained in our Paper of the 11. of this instant February The King's Commissioners Reply 13. Feb. VVE have not the Bills here which we desired of your Lordships in our Fourth Paper to see and which you now say were heretofore presented to His Majesty But we shall take speedy care to have those Bills if they remain with His Majesty and in the mean time desire your Lordships to give us Copies of them and we shall give your Lordships a speedy Answer as we shall to the Ordinance for the due observation of the Lord's Day which we received from your Lordships this night and had never before seen and we shall be ready to receive your Lordships Demands concerning Papists the regulating the Universities the Education and Marriage of His Majesty's Children and shall return our Answers accordingly This last Paper concluded the six days appointed for the Treaty upon Religion according to the Order prescribed for disposing the first 18. days of the 20. for the Treaty In the end of which 18. days after some Papers mutually delivered concerning the manner how the two last days should be disposed this Subject of Religion with the two others were again resumed and their Papers following were then delivered in concerning Religion Their Paper 21. Feb. VVHereas your Lordships in your last Paper of Feb. 13. were pleased to say that as
because the private Interest of the Subscribers for Money was concerned in it To which we give this Answer That their Interest was conditional upon Payment of their Moneys for the maintenance of the War which was not performed and that if they had paid their Moneys yet this Cessation was rather for the advance of that Interest there being as it appears by the Papers no other visible means of preservation of the Army in Ireland and that the Statute which gave that private Interest doth not take away the Kings Power of making a Cessation and we conceive that Argument of Interest was waved But if your Lordships shall insist upon it we again desire as we did formerly that a Case may be made of it and that the Debate may be again resumed Neither do we know that any Argument was used by your Lordships from the Proceedings in Parliament and if you shall give any we shall be ready to answer it And we conceive that the Advice given to his Majesty from the Lords Justices and Council of Ireland and the Testimony of the Officers of the Army expressing the miserable condition of that Kingdom and inability to bear the War should appear to your Lordships to be just grounds for His Majesties assenting to the Cessation One of the Letters delivered by us to your Lordships bearing date the fourth of April 1643. was sent by the Lords Justices and Council of Ireland to Mr. Secretary Nicholas in which was inclosed their Letter to the Speaker of the House of Commons of which your Lordships have likewise an Extract and a Remonstrance of the Officers of the Army to the Lords Justices and Council there and the other Letter of the fifth of May 1643. to His Majesty was from the Lords Justices and Council of that Kingdom All which if your Lordships please shall be examined by you with the Originals 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 Majesty to agree to that Cessation nor destructive to the Protestant Religion nor for the advantage of the Popish Rebels 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 your Lordships a further Answer to your other Propositions concerning Ireland when the time comes again for that Debate Here ended the first three days of the Treaty concerning Ireland and the night before the return of the next three days their Commissioners delivered this Paper 17. February WE conceived that the Arguments used by us that His Majesty neither had nor hath Power to make the Cessation with the Rebels of Ireland might have fully satisfied your Lordships and if any Doubts yet remain we are ready by Conference to clear them Your Lordships may well call to mind the several Clauses we insisted upon in the Statute and the Arguments we have given from the Common-Law and other Proceedings in Parliament And we do affirm that several great Sums 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 accrue to the common benefit of the rest not failing and we do deny that the Argument of Interest was at all waved by us And we conceive those Wants alledged by your Lordships if any such were in justifying the Cessation were supplied from time to time by the Houses of Parliament until His Majesties Forces were so quartered in and about the common Roads to Ireland that Provisions going thither were intercepted and neither Money Cloaths Victuals or other things could pass 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 will still alledge 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 Council 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 Originals whereby we might have the Names of the Persons by whom they were written which we now again desire We are therefore still clearly of opinion as is expressed in our former Paper of the 10. of February concerning the Cessation and do desire your Lordships full Answer to our Demands concerning Ireland The King's Commissioners Answer 18. Feb. WE did not conceive that your Lordships had believed that any Arguments used by you could satisfie us against His Majesties Power to make a Cessation with the Rebels in Ireland which appears to have been made by him by the Advice of His Council there and for the Preservation of His Majesties Protestant Subjects of that Kingdom 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 several great Sums 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 inform your Lordships that His Majesty had clear Information that not only much of the money raised by the Act for the four hundred 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 Money raised by the Statute on which your Lordships insist for the speedy and effectual reducing of the Rebels of Ireland c. and other Moneys raised by Contribution and Loan for the relief 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 Earl of Essex and that many Regiments of Horse and Foot levied for the War of Ireland under the Command of the Lord Wharton the Lord Kerry Sir Faithful Fortescue and others were likewise imployed in that Army under the Earl of Essex at Edge-hill and therefore His Majesty
unto the Kingdom of England by the Kingdom of Scotland upon the first Monthly allowance which shall grow due to the Scotish Army from the time they shall make their first entrance into the Kingdom of England 7. That the Kingdom of Scotland to manifest their willingness to their utmost ability to be helpful to their Brethren of England in this common Cause will give the Publick Faith of the Kingdom of Scotland to be joyntly made use of with the Publick Faith of the Kingdom of England for the present taking up of Two hundred thousand Pounds sterling in the Kingdom of England or elsewhere for the speedy procuring of the said Hundred thousand Pounds sterling as aforesaid as also a considerable sum for the satisfying in good proportion the Arrears of the Scotish Army in Ireland 8. That no Cessation nor any Pacification or Agreement for Peace whatsoever shall be made by either Kingdom or the Armies of either Kingdom without the mutual Advice and Consent of both Kingdoms or their Committees in that behalf appointed who are to have full Power for the same in case the Houses of the Parliament of England or the Parliament or Convention of Estates of Scotland shall not sit 9. That the Publick Faith of the Kingdom of Scotland shall be given to their Brethren of England that neither their entrance into nor their continuance in the Kingdom of England shall be made use of to any other ends then are expressed in the Covenant and in the Articles of this Treaty and that all matters of difference that shall happen to arise between the Subjects of the two Nations shall be resolved and determined by the mutual Advice and Consent of both Kingdoms or by such Committees as for this purpose shall be by them appointed with the same Power as in the precedent Article 10. That in the same manner and upon the same conditions as the Kingdom of Scotland is now willing to aid and assist their Brethren of England the Kingdom of England doth oblige themselves to aid and assist the Kingdom of Scotland in the same or like cases of streights and extremities 11. Lastly it is agreed and concluded that during the time that the Scotish Army shall be imployed as aforesaid for the defence of the Kingdom of England there shall be fitted out as Men of War eight Ships whereof six shall be of Burthen betwixt One hundred and Twenty and two hundred Tun the other between three and four hundred Tun whereof two shall be in lieu of the two Ships appointed by the Irish Treaty all which shall be maintained at the charge of the Kingdom of England to be imployed for the defence of the Coast of Scotland under such Commanders as the Earl of Warwick for the time of his being Admiral shall nominate with the approbation of the Committees of both Kingdoms which Commanders shall receive from the said Earl general Instructions that they do from time to time observe the Directions of the Committees of both Kingdoms The Ordinance for calling the Assembly of Divines An Ordinance of the Lords and Commons in Parliament for the calling of an Assembly of Learned and Godly Divines and others to be consulted with by the Parliament for the settling of the Government and Liturgy of the Church of England and for vindicating and clearing of the Doctrine of the said Church from false Aspersions and Interpretations WHereas amongst the infinite Blessings of Almighty God upon this Nation none is or can be more dear unto us than the purity of our Religion and for that as yet many things remain in the Liturgy Discipline and Government of the Church which do necessarily require a further and more perfect Reformation than as yet hath been attained and whereas it hath been declared and resolved by the Lords and Commons assembled in Parliament that the present Church-government by Arch-bishops Bishops their Chancellours Commissaries Deans Deans and Chapters Arch-deacons and other Ecclesiastical Officers depending upon the Hierarchy is evil and justly offensive and burthensom to the Kingdom a great impediment to Reformation and growth of Religion and very prejudicial to the State and Government of this Kingdom and that therefore they are resolved that the same shall be taken away and that such a Government shall be settled in the Church as may be most agreeable to Gods Holy Word and most apt to procure and preserve the Peace of the Church at home and nearer agreement with the Church of Scotland and other reformed Churches abroad and for the better effecting hereof and for the vindicating and clearing of the Doctrine of the Church of England from all false Calumnies and Aspersions it is thought fit and necessary to call an Assembly of Learned Godly and Judicious Divines who together with some Members of both the Houses of Parliament are to consult and advise of such matters and things touching the Premisses as shall be proposed unto them by both or either of the Houses of Parliament and to give their Advice and Counsel therein to both or either of the said Houses when and as often as they shall be thereunto required Be it therefore ordained by the Lords and Commons in this present Parliament assembled That all and every the Persons hereafter in this present Ordinance named that is to say Algernon Earl of Northumberland William Earl of Bedford Philip Earl of Pembroke and Montgomery William Earl of Salisbury Henry Earl of Holland Edward Earl of Manchester William Lord Viscount Say and Seal Edward Lord Viscount Conway Philip Lord VVharton Edward Lord Howard of Escr John Selden Esquire Francis Rous Esquire Edmund Prideaux Esquire Sir Henry Vane Knight senior John Glyn Esquire Recorder of London John VVhite Esquire Bulstrode VVhitelock Esquire Humphry Salway Esquire Mr. Serjeant VVild Oliver Saint-John Esquire His Majesties Sollicitor Sir Benjamin Rudyard Knight John Pym Esquire Sir John Clotworthy Knight John Maynard Esquire Sir Henry Vane Knight junior VVilliam Pierrepont Esquire William VVheeler Esquire Sir Thomas Barrington Knight VValter Young Esquire Sir John Evelin Knight Herbert Palmer of Ashwel Batchelor in Divinity Oliver Bowles of Sutton Batchelor in Divinity Henry VVilkinson of VVaddesdon Batchelor in Divinity Thomas Valentine of Chalfont-Giles Batchelor in Divinity Doctor VVilliam Twisse of Newbury VVilliam Raynor of Egham Master Hannibal Gammon of Maugan Mr. Jasper Hicks of Lawrick D. Joshua Hoyle late of Dublin in Ireland VVilliam Bridges of Yarmouth Thomas VVincop of Ellesworth Doctor in Divinity Thomas Goodwin of London Batchelor in Divinity John Ley of Budworth in Cheshire Thomas Case of London John Pyne of Bereferrers Master VVhidden of Mooreton D. Richard Love of Ekington D. VVilliam Gouge of Blackfriers London D. Ralph Brownrigge Bishop of Exceter D. Samuel Ward Master of Sidney Colledge John White of Dorchester Edward Peal of Compton Stephen Marshall of Finchingfield Batchelor in Divinity Obadiah Sedgewick of Cogshall Batchelor in Divinity M. Carter Peter Clark of Carnaby William Mew of Estington Batchelor in Divinity
Obedience to Our Commands We doubt not of your care in this wherein Our Service and the good of Our Protestant Subjects in Ireland is so much concerned From Newcastle June 11. 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace Sent to His Majesty at Newcastle by the Right Honourable the Earl of Pembroke and Montgomery the Earl of Suffolk Members of the House of Peers and Sir VValter Earle Sir John Hippesly Knights Robert Goodwyn Luke Robinson Esquires Members of the House of Commons Die Sabbathi 11. Julii 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace May it please your Majesty WE the Lords and Commons assembled in the Parliament of England in the name and on the behalf of the Kingdoms of England and Ireland and the Commissioners of the Parliament of Scotland in the name and on the behalf of the Kingdom of Scotland do humbly present unto Your Majesty the humble Desires and Propositions for a safe and well-grounded Peace agreed upon by the Parliaments of both Kingdoms respectively unto which we do pray Your Majesties Assent and that they and all such Bills as shall be tendred to Your Majesty in pursuance of them or any of them may be Established and Enacted for Statutes and Acts of Parliament by Your Majesties Royal Assent in the Parliaments of both Kingdoms respectively I. WHereas both Houses of the Parliament of England have been necessitated to undertake a War in their just and lawful defence and afterwards both Kingdoms of England and Scotland joyned in solemn League and Covenant were engaged to prosecute the same That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations heretofore had or hereafter to be had against both or either of the Houses of the Parliament of England the Parliament of the Kingdom of Scotland and the late Convention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from them and all Judgments Indictments Outlawries Attainders and Inquisitions in any the said Causes and all Grants thereupon made or had or to be made or had be declared null suppressed and forbidden And that this be publickly intimated in all Parish-Churches within His Majesties Dominions and all other places needful II. That His Majesty according to the laudable Example of His Royal Father of happy memory may be pleased to swear and sign the late solemn League and Covenant and that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the Three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliament respectively with such Penalties as by mutual advice of both Kingdoms shall be agreed upon III. That a Bill be passed for the utter abolishing and taking away of all Archbishops Bishops their Chancellors and Commissaries Deans and Sub-deans Deans and Chapters Archdeacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Subtreasurers Succentors and Sacrists and all Vicars Choral and Choristers old Vicars and new Vicars of any Cathedral or Collegiate Church and all other their under Officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such Alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the Date at Edenburg 29. November 1643. and joynt Declaration of both Kingdoms IV. That the Ordinances concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament V. That Reformation of Religion according to the Covenant be settled by Act of Parliament in such manner as both Houses have agreed or shall agree upon after Consultation had with the Assembly of Divines VI. Forasmuch as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and Uniformity in matters of Religion that such Unity and Uniformity in Religion according to the Covenant as after Consultation had with the Divines of both Kingdoms now assembled is or shall be joyntly agreed upon by both Houses of Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively VII That for the more effectual disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and deluding the Laws and for the better discovering and speedy conviction of Recusants an Oath be established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory Worshipping of the Consecrated Host Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appointed by the said Act to be a sufficient Conviction of Recusancy VIII An Act of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion IX An Act for the true levy of the Penalties against them which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no loss X. That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duely executed and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this Kingdom XI The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of the Parliament there shall think fit XII That the King do give His Royal Assent to an Act for the due Observation of the Lords Day And to the Bill for the suppression of Innovations in Churches and Chappels in and about the Worship of God c. And for the better advancement of the Preaching of God's holy Word in all parts of this Kingdom And to the Bill against the enjoying of Pluralities of Benefices by Spiritual Persons and Non-Residency And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colledges of Westminster Winchester and Eaton And to such Act or Acts for raising of Moneys for the payment and satisfying of the Publick Debts and Damages of the Kingdom and other Publick uses as shall hereafter be agreed on by both Houses of Parliament and that if the King do not give His Assent thereunto then it being done by both Houses of Parliament the same shall be as valid to all Intents and Purposes as if the Royal Assent had been given thereunto The like for the Kingdom of Scotland And that His Majesty give assurance of His consenting in the
Parliament of Scotland to an Act acknowledging and ratifying the Acts of the Convention of Estates of Scotland called by the Council and Conservers of the Peace and the Commissioners of the Common Burthens and assembled the Two and Twentieth day of June 1643. and several times continued since and of the Parliament of the Kingdom since convened XIII That the Lords and Commons in the Parliament of England assembled shall during the space of twenty years from the first of July 1646. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and that neither the King His Heirs or Successors nor any other but such as shall Act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the Powers aforesaid And the like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered and disposed by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons during the said space of twenty years shall have power 1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 2. To suppress any Foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 3. To conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of Twenty years judge fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without Consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdom shall go into or continue in the other Kingdom without the Advice and Desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them appointed for that purpose And that after the expiration of the said Twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of VVales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed nor exercise any of the said Powers or Authorities in the precedent Articles mentioned and expressed to be during the said space of Twenty years in the said Lords and Commons nor do any Act or thing concerning the execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained That after the expiration of the said Twenty years in all Cases wherein the Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any part of the said Forces or concerning the Admiralty and Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land-service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given thereunto Provided that nothing herein before contained shall extend to the taking away of the ordinary Legal power of Sheriffs Justices of Peace Maiors Bailifs Coroners Constables Headboroughs or other Officers of Justice not being military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of the Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers nor any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons And if any persons shall be gathered and assembled together in warlike manner or otherwise to the Number of Thirty persons and shall not forthwith disband themselves being required thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person and persons not so disbanding themselves shall be guilty and incur the pains of High
Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esquire Sir William Russell of Worcestershire Thomas Lee of Adlington Esquire Sir John Girlington Sir Paul Neale Sir William Thorold Sir Edward Hussey Sir Thomas Liddal sen Sir Philip Musgrave Sir John Digby of Nottinghamshire Sir Henry Fletcher Sir Richard Minshull Laurence Halstead John Denham Esquire Sir Edmond Fortescue Peter Sainthill Esquire Sir Thomas Tildesley Sir Henry Griffith Michael Wharton Esq Sir Henry Spiller Mr. George Benyon now called Sir George Benyon Sir Edward Walgrave Sir Edward Bishop Sir Robert Owseley Sir John Many Lord Chomley Sir Thomas Aston Sir Lewis Dives Sir Peter Osbourne Samuel Thornton Esq Sir John Lucas John Blaney Esque Sir Thomas Chedle Sir Nicholas Kemish Hugh Lloyd Esquire Sir Nicholas Crispe Sir Peter Ricaut and all such of the Scotish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their proceedings or have sworn or subscribed the Declaration against the Convention and Covenant and all such as have assisted the Rebellion in the North or the Invasion in the South of the said Kingdom of Scotland or the late Invasion made there by the Irish and their Adherents be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of the Parliament of England or the Estates in the Parliament of Scotland respectively bear any Office or have any Imployment concerning the State or Common-wealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of the Parliament of England or the Estates of the Parliament in Scotland respectively shall think fit and that one full third part upon full value of the Estates of the persons aforesaid made incapable of Imployment as aforesaid be imployed for the payment of the Publick Debts and Damages according to the Declaration 1. Branch That the late Members or any who pretended themselves late Members of either House of Parliament who have not only deserted the Parliament but have also sate in the unlawful Assembly at Oxford called or pretended by some to be a Parliament and voted both Kingdoms Traitors and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without Advice and Consent of both Kingdoms bear any Office or have any imployment concerning the State or Commonwealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon by his Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament of Scotland respectively shall think fit 2. Branch That the late Members or any who pretended themselves Members of either House of Parliament who have sate in the unlawful Assembly at Oxford called or pretended by some to be a Parliament and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Counsels and restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of Parliament bear any Office or have any Imployment concerning the State of Common wealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of the Parliament of England shall think fit 3. Branch That the late Members or any who pretended themselves Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves before the last of October 1644. be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of Parliament bear any Office or have any Imployment concerning the State or Commonwealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of Parliament in England shall think fit 5. Qualification That all Judges and Officers towards the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be incapable of any place of Judicature or Office towards the Law Common or Civil and that all Serjeants Counsellours and Attorneys Doctors Advocates and Proctors of the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be incapable of any practice in the Law Common or Civil either in publick or private and shall not be capable of any Preferment or Imployment in the Commonwealth without the Advice and Consent of both Houses of Parliament and that no Bishop or Clergy-man no Master or Fellow of any Colledge or Hall in either of the Universities or elsewhere or any Master of School or Hospital or any Ecclesiastical person who hath deserted the Parliament and adhered to the Enemies thereof shall hold or enjoy or be capable of any Preferment or Imployment in Church or Commonwealth but all their said several Preferments Places and Promotions shall be utterly void as if they were naturally dead nor shall they otherwise use their Function of the Ministry without Advice and Consent of both Houses of Parliament Provided that no Lapse shall incur by such Vacancy until six months past after notice thereof 6. Qualification That all persons who have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof are disabled to be Sheriffs Justices of the Peace Majors or other head-Officers of any City or Corporation Commissioners of Oyer and Terminer or to sit or serve as Members or Assistants in either of the Houses of Parliament or to have any Military imployment in this Kingdom without the Consent of both Houses of Parliament 7. Qualification The persons of all others to be free of all personal Censure notwithstanding any act or thing done in or concerning this War they taking the Covenant 8. Qualification The Estates of those persons excepted in the first three precedent Qualifications and the Estates of Edward Lord Littleton and of William Laud late Archbishop of Canterbury to pay publick Debts and Damages 9. Qualification 1. Branch That two full parts in three to be divided of all the Estates of the Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traitors and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 2. Branch That two full parts in three to be divided of the Estates
Peers pro tempore and William Lenthal Speaker of the House of Commons My Lord and Mr. Speaker I Have received your Letter of the second of this Month containing the Names of those who are to Treat with Me and though they do not come at the time appointed I shall not wonder at first judging it too short in respect of My two Houses not of My self so that I did not imagine it could be kept as I then commanded Sir Peter Killegrew to tell you by word of Mouth and therefore it shall be far from Me to take Exceptions for their having elapsed the appointed time for God forbid that either my two Houses or I should carp at circumstances to give the least impediment to this Treaty much less to hinder the happy finishing of it I say this the rather because I know not how it is possible in this I shall wish to be deceived that in Forty days Treaty the many Distractions of these Kingdoms can be setled and if so it were more than strange that time enough should not be given for the perfecting of this most great and good Work which as I will not believe can be stuck on by the two Houses so I am sure it shall never be by Carisbrook 7. Sept. 1648. Your good Friend CHARLES R. I think fit to tell you because I believe in this Treaty there will be need of Civil Lawyers I have sent for My Advocate Rives and D. Duck. And afterward his Majesty desired the Persons named in this Note inclosed in a Letter of one of their Commissioners Novemb. 2. to be sent to Him C. R. The Bishop of Armagh the Bishop of Excester the Bishop of Rochester the Bishop of Worcester Dr. Fern Dr. Morley The Propositions of both Houses being the same which had been presented to his Majesty at Hampton-Court and little differing from those which had been largely discussed in the former Treaties at Oxford and Uxbridg for this reason as also because neither Party did publish the particulars of this Treaty we have thought fit to represent only what is Authentick and therefore shall add only His Majesties fair Offers in order to a Peace His MAJESTIES Propositions 29. Sept. 1648. HIS Majesty did use many earnest endeavours for a Personal Treaty which he hoped might have been obtained at Westminster between Him and His two Houses of Parliament immediately yet they having made choice of this way by you their Commissioners His Majesty did gladly and chearfully accept thereof in this place as a fit means to begin a Treaty for a Peace which might put an end to His own sad Condition and the Miseries of His Kingdom For an entrance whereunto His Majesty hath already expressed His Consent to the First Proposition But finding you are limited by Instructions which you have no Warrant to communicate unto Him and having cause by your Paper of the 20. of this present to believe that you have no power to omit or alter any thing though He shall give you such Reasons as may satisfie you so to do without transmitting the Papers to the two Houses at a far distance where His Majesties Reasons Expressions and Offers upon Debate cannot be fully represented and from whence their Answers cannot be returned without much wast of the time allotted for the Treaty here and having lately received another Paper concerning the Church containing in it self many particulars of great importance and referring to divers Ordinances Articles of Religion and other things eleven or twelve in number of great length and some of them very new and never before presented to His Majesty the due consideration whereof will take up much time and require His Majesties Presence with His two Houses before a full resolution can well be had in matters of so high consequence To the end therefore that the good work now in hand may by God's blessing proceed more speedily and effectually to an happy Conclusion and that His two Houses of Parliament may at present have further security and an earnest of future satisfaction His Majesty upon consideration had of yours makes these Propositions following Concerning the Church His Majesty will consent That the Calling and sitting of the Assembly of Divines at Westminster be confirmed for three years by Act of Parliament And will by Act of Parliament confirm for Three years the Directory for the Publick worship of God in the Kingdoms of England and Ireland and Dominion of Wales And will likewise confirm for Three years by Act of Parliament the form of Church-Government which ye have presented to Him to be used for the Churches of England and Ireland and Dominion of Wales Provided that His Majesty and those of His Judgement or any others who cannot in Conscience submit thereunto be not in the mean time obliged to comply with the same Government or form of Worship but have free practice of their own profession And that a free Consultation and debate be had with the Assembly of Divines at Westminster in the mean time Twenty of His Majesties Nomination being added unto them whereby it may be determined by His Majesty and His two Houses of Parliament how the said Church-Government and form of Publick Worship after the said time may be setled or sooner if Differences may be agreed and how also Reformation of Religion may be setled within the Kingdoms of England and Ireland and Dominion of Wales And the Articles of Christian Religion now delivered to Him may in like manner be then considered of and determined and care taken for the ease of tender Consciences And concerning the Bishops Lands and Revenues His Majesty considering that during these troublesome times divers of His Subjects have made Contracts and Purchases and divers have disbursed great Sums of Money upon security and engagement of those Lands His Majesty for their satisfaction will consent to an Act or Acts of Parliament whereby legal Estates for Lives or for Years at their choice not exceeding ninety nine years shall be made of those Lands towards the satisfaction of the said Purchasers Contractors and others to whom they are engaged at the old Rents or some other moderate Rent whereby they may receive satisfaction And in case such Lease shall not satisfie His Majesty will propound and consent to some other way for their further satisfaction Provided that the Propriety and Inheritance of those Lands may still remain and continue to the Church and Church-men respectively according to the pious intentions of the Donors and Founders thereof And the rest that shall be reserved to be for their maintenance His Majesty will give His Royal Assent for the better observation of the Lords day for suppressing of Innovations in Churches and Chappels in and about the Worship of God and for the better advancement of the Preaching of God's Holy Word in all parts of this Kingdom and to an Act against enjoying Pluralities of Benefices by Spiritual Persons and Non-residency and to an Act for Regulating and
the Church of England as well by their personal Subscriptions as otherwise so attested and declared and which Himself in His Judgment and Conscience hath for so many years been and yet is perswaded to be at least of Apostolical Institution and Practice Truly His Majesty cannot but wonder what should be the reason of your great shiness and unwillingness to discover your minds in a matter of so great and necessary consequence and for a final conclusion of this whole Dispute which His Majesty thinketh fit to shut up with this Paper He must plainly tell you That your endeavours to have given Him satisfaction in the Questions proposed would have added much in His opinion to the reputation of your Ingenuity in the whole undertaking it being not probable you should work much upon His Judgment whilst you are fearful to declare your own nor possible to relieve His Conscience but by a free discharge of yours Nevertheless His Majesty liketh well of your Prayer in the close of your Paper and thinketh you should do very well to joyn therewith your utmost possible endeavours towards the settling of Truth and a happy Peace in this unsettled Church and Kingdom THE END ΕΙΚΩΠΒΑΣΙΛΙΚΗ THE POURTRAICTURE OF HIS SACRED MAJESTY IN HIS SOLITUDES and SUFFERINGS I. Vpon His MAJESTIES Calling this last PARLIAMENT THIS last Parliament I called not more by others advice and necessity of my Affairs than by my own choice and inclination who have always thought the right way of Parliaments most safe for my Crown as best pleasing to my People And altho I was not forgetful of those sparks which some mens distempers formerly studied to kindle in Parliaments which by forbearing to convene for some years I hoped to have extinguished yet resolving with My self to give all just satisfaction to modest and sober desires and to redress all publick Grievances in Church and State I hoped by my freedom and their moderation to prevent all misunderstandings and miscarriages in this In which as I feared affairs would meet with some Passion and Prejudice in other men so I resolved they should find least of them in My self not doubting but by the weight of Reason I should counterpoise the over-balancings of any Factions I was inded sorry to hear with what Partiality and Popular heat Elections were carried in many places yet hoping that the Gravity and Discretion of other Gentlemen would allay and fix the Commons to a due temperament guiding some mens well-meaning zeal by such rules of moderation as are best both to preserve and restore the health of all States and Kingdoms no man was better pleased with the convening of this Parliament than My self who knowing best the Largeness of my own Heart toward my Peoples good and just contentment pleased My self most in that good and firm understanding which would hence grow between Me and my People All Jealousies being laid aside My own and My Childrens Interests gave Me many obligations to seek and preserve the Love and welfare of my Subjects the only temporal Blessing that is left to the ambition of just Monarchs as their greatest Honour and Safety next Gods Protection I cared not to lessen My self in some things of my wonted Prerogative since I knew I could be no loser if I might gain but a recompence in my Subjects Affections I intended not only to oblige my Friends but mine Enemies also exceeding even the desires of those that were factiously discontented if they did but pretend to any modest and sober sense The Odium and offences which some mens Rigor or Remisness in Church and State had contracted upon my Government I resolved to have expiated by such Laws and regulations for the future as might not only rectify what was amiss in Practice but supply what was defective in the Constitution No man having a greater zeal to see Religion setled and preserved in Truth Unity and Order than My self whom it most concerns both in Piety and Policy as knowing that No flames of civil Dissentions are more dangerous than those which make Religious pretensions the grounds of Factions I resolved to reform what I should by free and full advice in Parliament be oonvinced of to be amiss and to grant whatever my Reason and Conscience told Me was fit to be desired I wish I had kept My self within those bounds and not suffered my own Judgment to have been overborn in some things more by others importunities than their Arguments My confidence had less betrayed My self and my Kingdomes to those advantages which some men sought for who wanted nothing but Power and Occasions to do mischief But our Sins being ripe there was no preventing of Gods Justice from reaping that Glory in our Calamities which we robb'd him of in our Prosperity For Thou O Lord hast made us see that Resolutions of future Reforming do not always satisfie thy Justice nor prevent thy Vengeance for former miscarriages Our Sins have overlaid our Hopes Thou hast taught us to depend on thy Mercies to forgive not on our purpose to amend When Thou hast vindicated thy Glory by thy Judgments and hast shewed us how unsafe it is to offend Thee upon presumptions afterwards to please Thee then I trust thy Mercies will restore those Blessings to us which we have so much abused as to force Thee to deprive us of them For want of timely Repentance of our sins Thou givest us cause to repent of those remedies we too late apply Yet I do not repent of my calling this last Parliament because O Lord I did it with an upright intention to thy Glory and my peoples good The Miseries which have ensued upon Me and My Kingdoms are the just effects of thy displeasure upon us and may be yet through thy mercy preparative of us to future Blessings and better hearts to enjoy them O Lord tho Thou hast deprived us of many former comforts yet grant Me and My people the benefit of our afflictions and thy chastisements that thy rod as well as thy staff may comfort us Then shall we dare to account them the strokes not of an Enemy but a Father when thou givest us those humble affections that measure of Patience in Repentance which becomes thy Children I shall have no cause to repent the Miseries this Parliament hath occasioned when by them thou hast brought Me and My people unfeignedly to repent of the Sins we have committed Thy Grace is infinitely better with our Sufferings than our Peace could be with our Sins O thou soveraign Goodness and Wisdom who over-rulest all our Counsels over-rule also all our hearts That the worse things we suffer by thy Justice the better we may be by thy Mercy As our Sins have turned our Antidotes into poyson so let thy Grace turn our poysons into Antidotes As the Sins of our Peace disposed us to this unhappy War so let this War prepare us for thy blessed Peace That although I have but troublesom Kingdoms here yet I may
is more than an even lay that they may one day see themselves punished by that way they offended Had this Parliament as it was in its first Election and Constitution sate full and free the Members of both Houses being left to their freedom of Voting as in all Reason Honour and Religion they should have been I doubt not but things would have been so carried as would have given no less content to all good men than they wished or expected For I was resolved to hear Reason in all things and to consent to it so far as I could comprehend it But as Swine are to Gardens and orderly Plantations so are Tumults to Parliaments and Plebeian Concourses to publick Counsels turning all into Disorders and sordid Confusions I am prone sometimes to think that had I called this Parliament to any other place in England as I might opportunely enough have done the sad Consequences in all likelihood with Gods Blessing might have been prevented A Parliament would have been welcom in any place no place afforded such confluence of various and vicious humours as that where it was unhappily convened But we must leave all to God who orders our Disorders and magnifies his Wisdom most when our Follies and miseries are most discovered But thou O Lord art my refuge and defence to Thee I may safely fly who rulest the raging of the Sea and the Madness of the People The floods O Lord the floods are come in upon Me and are ready to overwhelm Me. I look upon My Sins and the Sins of My People which are the tumults of our Souls against Thee O Lord as the just cause of these Popular inundations which Thou permittest to over-bear all the banks of Loyalty Modesty Laws Justice and Religion But Thou that gatheredst the waters into one place and madest the dry land to appear and after didst asswage the Flood which drowned the World by the word of thy power rebuke those Beasts of the People and deliver Me from the Rudeness and strivings of the Multitude Restore we beseech Thee unto us the freedoms of our Councels and Parliaments make us unpassionately to see the light of Reason and Religion and with all order and gravity to follow it as it becomes Men and Christians so shall we praise thy Name who art the God of Order and Counsel What man cannot or will not repress thy Omnipotent Justice can and will O Lord give them that are yet living a timely sense and sorrow for their great sin whom Thou knowest guilty of raising or not suppressing those Disorders Let Shame here and not Suffering hereafter be their Punishment Set bounds to our Passions by Reason to our Errors by Truth to our Seditions by Laws duly executed and to our Schisms by Charity that we may be as thy Jerusalem a City at unity in it self This grant O my God in thy good time for Jesus Christ's sake Amen V. Vpon His MAJESTIES passing the Bill for the Triennial Parliaments and after setling this during the pleasure of the Two Houses THAT the World might be fully confirmed in my purposes at first to contribute what in Justice Reason Honour and Conscience I could to the happy success of this Parliament which had in Me no other design but the general Good of my Kingdoms I willingly passed the BILL for Triennial Parliaments which as gentle and seasonable Physick might if well applied prevent any distempers from getting any head or prevailing especially if the Remedy proved not a Disease beyond all remedy I conceived this Parliament would find work with convenient recesses for the first three years but I did not imagine that some men would thereby have occasioned more work than they found to do by undoing so much as they found well done to their hands Such is some mens activity that they will needs make work rather than want it and chuse to be doing amiss rather than do nothing When that first Act seemed too scanty to satisfie some mens Fears and compass publick Affairs I was perswaded to grant that BILL of Sitting during the pleasure of the Houses which amounted in some mens sense to as much as the perpetuating this Parliament By this Act of highest Confidence I hoped for ever to shut out and lock the door upon all present Jealousies and future Mistakes I confess I did not thereby intend to shut My self out of doors as some men have now requited Me. True it was an Act unparallel'd by any of my Predecessors yet cannot in reason admit of any worse interpretation than this of an extreme Confidence I had that My Subjects would not make ill use of an Act by which I declared so much to trust them as to deny My self in so high a point of my Prerogative For good Subjects will never think it just or fit that My condition should be worse by my bettering theirs Nor indeed would it have been so in the events if some men had known as well with moderation to use as with earnestness to desire advantages of doing good or evil A continual Parliament I thought would but keep the Common-weal in tune by preserving Laws in their due execution and vigor wherein My interest lies more than any mans since by those Laws My Rights as a KING would be preserved no less than My Subjects which is all I desired More than the Law gives Me I would not have and less the meanest Subject should not Some as I have heard gave it out that I soon repented Me of that setling Act and many would needs perswade Me I had cause so to do but I could not easily nor suddenly suspect such ingratitude in men of Honour that the more I granted them the less I should have and enjoy with them I still counted My self undiminished by My largest Concessions if by them I might gain and confirm the love of my People Of which I do not yet despair but that God will still bless Me with increase of it when Men shall have more leisure and less prejudice that so with unpassionate representations they may reflect upon those as I think not more Princely than friendly contributions which I granted towards the perpetuating of their Happiness who are now only miserable in this That some mens ambition will not give them leave to enjoy what I intended for their good Nor do I doubt but that in Gods due time the Loyal and cleared affections of My People will strive to return such retributions of Honour and Love to Me or My Posterity as may fully compensate both the acts of My Confidence and My Sufferings for them which God knows have been neither few nor small nor short occasioned chiefly by a perswasion I had that I could not grant too much or distrust too little to men that being professedly My Subjects pretended singular Piety and Religious strictness The Injury of all Injuries is that which some men will needs load Me withal as if were a wilful and resolved Occasioner of
vigor and due execution or some evil Customs preterlegal and abuses personal had been to be removed or some injuries done by My self and others to the Common-weal were to be repaired or some equable offertures were to be tendred to Me wherein the advantages of my Crown being considered by them might fairly induce Me to condescend to what tended to My Subjects good without any great diminution of My self whom Nature Law Reason and Religion bind Me in the first place to preserve without which 't is impossible to preserve My People according to My place Or at least I looked for such moderate desires of due Reformation of what was indeed amiss in Church and State as might still preserve the Foundation and Essentials of Government in both not shake and quite overthrow either of them without any regard to the Laws in force the Wisdom and Piety of former Parliaments the ancient and universal practice of Christian Churches the Rights and Priviledges of particular men nor yet any thing offered in lieu or in the room of what must be destroyed which might at once reach the good end of the others Institution and also supply its pretended defects reform its abuses and satisfie sober and wise men not with soft and specious words pretending zeal and special piety but with pregnant and solid Reasons both Divine and humane which might justifie the abruptness and necessity of such vast alterations But in all their Propositions I can observe little of these kinds or to these ends Nothing of any Laws dis-jointed which are to be restored of any Right invaded of any Justice to be unobstructed of any Compensations to be made of any impartial Reformation to be granted to all or any of which Reason Religion true Policy or any other human motives might induce Me. But as to the main matters propounded by them at any time in which is either great Novelty or Difficulty I perceive that what were formerly look'd upon as Factions in the State and Schisms in the Church and so punishable by the Laws have now the confidence by vulgar clamors and assistance chiefly to demand not only Tolerations of themselves in their vanity novelty and confusion but also Abolition of the Laws against them and a total extirpation of that Government whose Rights they have a mind to invade This as to the main Other Propositions are for the most part but as waste paper in which those are wrapped up to present them somewhat more handsomly Nor do I so much wonder at the variety and horrible novelty of some Propositions there being nothing so monstrous which some fancies are not prone to long for This casts Me into not an Admiration but an Extasie how such things should have the fortune to be propounded in the name of the Two Houses of the Parliament of England among whom I am very confident there was not a fourth part of the Members of either House whose Judgments free single and apart did approve or desire such destructive changes in the Government of the Church I am perswaded there remains in far the major part of both Houses if free and full so much Learning Reason Religion and just Moderation as to know how to sever between the use and the abuse of things the institution and the corruption the Government and the mis-government the Primitive Patterns and the aberrations or blottings of after Copies Sure they could not all upon so little or no Reason as yet produced to the contrary so soon renounce all regard to the Laws in force to Antiquity to the Piety of their Reforming Progenitors to the Prosperity of former times in this Church and State under the present Government of the Church Yet by a strange fatality these men suffer either by their absence or silence or negligence or supine credulity believing that all is good which is gilded with shews of Zeal and Reformation their private dissenting in Judgment to be drawn into the common Sewer or stream of the present vogue and humor which hath its chief rise and abetment from those popular Clamors and Tumults which served to give life and strength to the infinite activity of those men who studied with all diligence and policy to improve to their Innovating designs the present Distractions Such Armies of Propositions having so little in my Judgment of Reason Justice and Religion on their side as they had Tumult and Faction for their rise must not go alone but ever be back'd and seconded with Armies of Soldiers Tho the second should prevail against my Person yet the first shall never overcome Me further than I see cause for I look not at their Number and Power so much as I weigh their Reason and Justice Had the Two Houses first sued out their Livery and once effectually redeemed themselves from the Wardship of the Tumults which can be no other than the Hounds that attend the Cry and Hollow of those men who hunt after Factious and private Designs to the ruin of Church and State Did my Judgment tell Me that the Propositions sent to Me were the Results of the major part of their Votes who exercise their freedom as well as they have a right to sit in Parliament I should then suspect My own Judgment for not speedily and fully concurring with every one of them For I have Charity enough to think there are wise men among them and Humility to think that as in some things I may want so 't is fit I should use their Advice which is the end for which I called them to a Parliament But yet I cannot allow their wisdom such a compleatness and inerrability as to exclude My self since none of them hath that Part to act that Trust to discharge nor that Estate and Honour to preserve as My self without whose Reason concurrent with theirs as the Suns influence is necessary in all Natures productions they cannot beget or bring forth any one compleat and authoritative Act of publick Wisdom which makes the Laws But the unreasonableness of some Propositions is not more evident to Me than this is That they are not the joynt and free desires of those in their Major number who are of right to sit and Vote in Parliament For many of them savor very strong of that old leaven of Innovations masked under the name of Reformation which in my two last famous Predecessors days heaved at and sometime threatned both Prince and Parliaments but I am sure was never wont so far to infect the whole mass of the Nobility and Gentry of this Kingdom however it dispersed among the Vulgar Nor was it likely so suddenly to taint the major part of both Houses as that they should unanimously desire and affect so enormous and dangerous Innovations in Church and State contrary to their former education practice and judgment Not that I am ignorant how the choice of many Members was carried by much Faction in the Countreys some thirsting after nothing more than a passionate revenge of
suffering thy Will in either Life or Death As I believe Thou hast forgiven all the Errors of my Life so I hope Thou wilt save Me from the Terrors of my Death Make Me content to leave the Worlds Nothing that I may come really to enjoy All in Thee who hast made Christ unto Me in Life Gain nnd in Death Advantage Tho my Destroyers forget their Duty to Thee and Me yet do not Thou O Lord forget to be merciful to them For what profit is there in my Blood or in their gaining my Kingdoms if they lose their own Souls Such as have not only resisted my just Power but wholly usurped and turned it against My self tho they may deserve yet let them not receive to themselves Damnation Thou madest thy Son a Saviour to many that crucified Him while at once He suffered violently by them and yet willingly for them O let the voice of his Blood be heard for my Murtherers louder than the Cry of Mine against them Prepare them for thy Mercy by due Convictions of their Sin and let them not at once deceive and damn their own Souls by fallacious pretensions of Justice in destroying Me while the conscience of their unjust Vsurpation of power against Me chiefly tempts them to use all extremities against Me. O Lord Thou knowest I have found their Mercies to Me as very false so very cruel who pretending to preserve Me have meditated nothing but my Ruine O deal not with them as blood-thirsty and deceitful men but overcome their Cruelty with Thy Compassion and My Charity And when Thou makest inquisition for my Blood O sprinkle their polluted yet penitent Souls with the Blood of thy Son that thy destroying Angel may pass over them Tho they think my Kingdoms on Earth too little to entertain at once both them and Me yet let the capacious Kingdom of thy infinite Mercy at last receive both Me and my Enemies When being reconciled to Thee in the Blood of the same Redeemer we shall live far above these Ambitious desires which beget such mortal Enmities When their hands shall be heaviest and cruellest upon Me O let Me fall into the arms of thy tender and eternal Mercies That what is cut off of my Life in this miserable moment may be repayed in thy ever-blessed Eternity Lord let thy Servant depart in Peace for my eyes have seen thy Salvation Vota dabunt quae bella negârunt FINIS An Historical TABLE of both PARTS That the Reader may the more easily discern the Order of those Historical Papers which are digested under their several Heads in the First Part and more readily conjoyn them in their proper Places with the Second it is thought fit to represent both together in this Table according to their Dates and Dependencies MDCXXV HIS Majesties Speech at the Opening of His First Parliament June 18. 1625. page 159 160 His Speech to both Houses at Oxford Aug. 4. 1625. ibid. MDCXXV VI. His Speech to the Speaker of the Lower House of His Second Parliament 1625 6. p. 160 His Speech to both Houses at White-Hall March 29. 1626. p. 161 His Speech to the House of Lords at Westminster May 11. 1626. ibid. A Declaration concerning His Two First Parliaments p. 217 MDCXXVII VIII His Majesties Speech at the Opening of His Third Parliament March 17. 1627 8. p. 162 His Speech to both Houses at White-Hall April 4. 1628. ibid. His Speech to the Speaker and House of Commons April 14. 1628. p. 163 His Speeches to both Houses in Answer to their Petition Jun. 2. 7. 1628. ibid. His Speech to the Lower House at the Reading their Remonstrance June 11. 1628. ibid. His Speech to both Houses at the Prorogation Jun. 26. 1628. p. 164 MDCXXVIII IX His Speech to both Houses Jan. 24. 31. 1828 9. p. 164 165 His Speech to the Lower-House concerning Tonnage and Poundage Feb. 3. 1628 9. p. 165 A Declaration concerning His Third Parliament p. 222 A Proclamation for suppressing false Rumours touching Parliaments Mar. 27. 1629. p. 230 MDCXXXVI VII His Majesties Letter to the Judges concerning Ship-money Feb. 2. 1636 7. With their Answer p. 231 232 MDCXL His Majesty's Speech to the Speaker of the Lower House of His Fourth Parliament 1640. p. 166 A Declaration concerning His Fourth Parliament p. 233 His Speech to the Great Council of the Lords at York Septemb. 24. 1640. p. 167 MDCXL XLI Of His Calling His Fifth Parliament See Icon Basil I. p. 647 His Speech at the Opening of His Fifth Parliament Nov. 3. 1640. p. 168 Six Speeches to both Houses Nov. 5. 1640. Jan. 25. Feb. 3. 10. 15. 1640 4. 1. Apr. 28. 1641. p. 168 seqq MDCXLI His Speech to the Lords concerning the Earl of Strafford May 1. 1641. p. 172 His Letter to the Lords May. 11. p. 138 See also Icon Basil II. V. p. 648 654 Two Speeches to both Houses Jun. 22. Jul. 5. 1641. p. 172 173 His Speech to the Scotish Parliament at Edinburgh Aug. 19. 1641. p. 173 Two Speeches to both Houses after His Return out of Scotland Dec. 2. 14. 1641. p. 174 A Petition of the Lower House With a Remonstrance of the State of the Kingdom Dec. 1. 1641. p. 241 243 His Majesty's Answer to the Petition p. 254 His Declaration in Answer to the Remonstrance p. 255 The Petition and Protestation of the Bishops Dec. 28. 1641. p. 258 MDCXLI II. Articles of High Treason against the Five Members Jan. 3. 1641 2. p. 259 His Majesties Speech to the Lower House concerning them Jan. 4. 1641 2. p. 175 His Speech to the Londoners at Guild-Hall Jan. 5. 1641 2. p. 175 See also Icon Bafil III. IV. VI. VII p. 650 651 656 658 His Message for Peace from Canterbury Jan. 20. 1641 2. p. 97 His Speeches to the Committees of both Houses at Theobalds Mar. 1. at Newmarket Mar. 9. 1641 2. p. 175 His Message from Huntingdon Mar. 15. 1641 2. p. 97 MDCXLII Two Speeches to the Gentry of Yorkshire April 5. May 12. 1642. p. 177 Of His Majesty's Repulse at Hull See Icon Basil VIII p. 659 The Nineteen Propositions Jun. 2. 1642 p. 260 His Majesty's Answer p. 262 See also Icon Basil XI p. 659 His Majesty's Declaration to the Lords at York Jun. 13. 1642. p. 271 With their promise thereupon p. 272 His Declaration concerning the Scandalous Imputation of His Raising War Jan. 1642. p. 273 With the Declaration and Profession of the Lords p. 276 Of the many Jealousies and Scandals cast upon His Majesty See Icon Basil XV. p. 680 A Proclamation forbidding Levies of Forces Jun. 18. 1642. p. 277 See also Icon Basil IX X. p. 661 665 His Majesty's Speeches to the Inhabitants of Nottinghamshire Jul. 4. of Lincolnshire Jul. 15. of Leicester Jul. 20. and the Gentry of Yorkshire Aug. 4. 1642. p. 178 179 180 Votes for Raising an Army against the King Jul. 12. 1642. p. 279 A Declaration of both Houses for Raising Forces Aug. 8. 1642. p. 280 His Majesty's
Foreign Power to invade this Kingdom is from having the Countenance Authority and Approbation of the two Houses of Parliament The great Industry and ill Arts used by those who have since been principal Instruments of the present Rebellion to bring in Persons of their Faction into the House of Commons the admitting and receiving such who were neither lawfully chosen nor lawfully returned by their Country and the putting and keeping out others whose Opinions were not liked the reprehending reproaching and imprisoning of Members for speaking freely according to their Consciences in matters in debate the posting and setting up mens Names in publick places and proscribing them as Enemies to their Country who dissented in the Houses in opinion in matters debated and being complained plained of no reparation granted the sitting at unparliamentary hours thereby wearying and tiring many Members from attendance and so in a thin House altering and reversing the resolution taken in a full House the refusing to receive and suppressing Petitions against Persons in favour though in point of Bribery and corruption in Judicatory and the like of other Petitions from whole Counties for the preservation of the Government of the Church as from Notinghamshire and Somerseshire whilst others against it were received with great countenance and approbation from mean unknown People the getting with great labour and Faction several hands to Petitions from Counties and then framing new Petitions at London and annexing the hands formerly gotten in the Country to those Petitions of which they who subscribed their hands know nothing as in the Petition of Buckinghamshire and the setting names in London to Petitions in the name of as if they had been subscribed in remote Counties the usurping of Jurisdictions to supersede Acts of Parliament and to dispense with the breach of Laws in force the suffering undutiful and disloyal language against the Sacred Person of the King without so much as Reprehension and the denying His Majesty's Negative Voice we insist not so much on though very prejudicial and scandalous to the Privileges and Honour of Parliament as on those Acts of Force and Violence which are contrary and destructive to the Freedom and Liberty of Parliament Shortly after His Majesty returned from Scotland there being a very long debate in the House of Commons concerning an unparliamentary Remonstrance to be published to the People of the State of the Kingdom which many of us then thought might prove prejudicial to the Peace thereof Captain Venne then a Member of the House of Commons who had before bragged of having brought down the People upon the two Houses and so drawn Resolutions from them sent Notes in writing under his Hand into the City that the People should come down to Westminster for that the better part of the House was like to be over-powered by the worser part whereupon both at that time and some days after Multitudes of the meanest sort of people with weapons not agreeing with their condition or custom in a manner very contrary and destructive to the Privilege of Parliament filled up the way between both Houses offering Injuries both by words and actions to and laying violent hands upon several Members proclaiming the Names of several of the Peers as evil and rotten-hearted Lords crying out many hours together against the established Laws in a most tumultuous and menacing way This action of Captain Venne's was complained of to the House of Commons and Witnesses offered to prove it a fellow who had assaulted and reproached a Member of the House of Commons in those Tumults was complained of and shewed to the House in the number of those who brought a Petition to the Bar and yet in neither of these cases Justice or so much as an Examination could be obtained Upon a suggestion and pretence of Danger and suit made to His Majesty a Guard was allowed and appointed by Him for the Security of both Houses shortly after this Guard was refused and discharged by themselves and a new Guard appointed by them without His Majesty's Consent thereby to awe all those who concurred not with them A legal Writ issuing out by the direction of the House of Peers under the Great Seal of England to prevent those Tumults which daily infested both Houses the Justices of the Peace for executing that Writ according to their Oaths were imprisoned by the House of Commons A Commission under the Great Seal of England for enquiry after Riots committed in Southwark was likewise superseded by an Order of the House of Commons and when the Lords desired by several Messages that the House of Commons would joyn with them in a Declaration against Tumults they refused or neglected to joyn with them it being said by Mr. Pym in the House of Commons God forbid we should dishearten our Friends who came to assist us And albeit some of the Lords professed that if the People were again drawn down in that tumultuous manner they would no more come to the House and albeit an Order was made that in such a case the House should be presently adjourned yet those Tumults again appearing that Order though urged by several Lords was not suffered to be executed The House of Commons having desired the House of Peers to join with them in desiring His Majesty that the Militia of this Kingdom might be put into such hands as both Houses did confide in and this desire having been put to the Question and carried negatively by much the major part of the Lords it being again resumed at another time contrary to the course of Parliament the debate was begun with a Declaration made by several of those Lords against whom that Question was twice carried by Votes and that by much the major part that whosoever refused in this particular to joyn with the House of Commons were in their opinions enemies to the State words destructive from the Liberty and Freedom of debate During the time that this business of the Militia was in debate that is before it had the approbation and consent of the House of Peers a Petition in a tumultuous manner was delivered to the House of Lords in the name of the Knights Gentlemen Free-holders and others the Inhabitants of the County of Hartford reckoning up the causes of the present Fears Troubles and Distractions and amongst them the want of Compliance in that Honourable House with the House of Commons in entertaining those many good motions and passing those necessary Bills presented to them from that House for the publick good and desiring liberty to protest against all those as Enemies to the publick who refused to joyn with the Honourable Lords whose endeavours were for the publick good and with the House of Commons for the putting the Kingdom into a posture of Safety under the Command of such persons as the Parliament should appoint Several Petitions of the same nature particularly one under the Title of the Knights Gentlemen Free-holders and other Inhabitants of the