there were Twenty Dissenters blush to assume the Authority of managing the weightiest affairs of the English Empire to alter and change the Government to expose His Majesty to a violent Murder and to overthrow the Ancient Fundamental Laws of the Kingdom For being wholly devoted to the service of the Army they communicated counsels with them and whatsoever was resolved at the Council of War passed into a Law by the Votes of this Infamous remnant of the House of Commons who now served the Souldiers in hopes of part of the Spoil and a precarious Greatness which being acquired by so much Wickedness could not be lasting In order therefore to the Army's design they revive those Votes of No Addresses to the King which had at first but surreptitiously and by base practices passed and had been afterwards repealed by a full House Those Votes of a Treaty with the King and of the Satisfactoriness of His Concessions with scorn they rased out of the Journal-Book And then proceeded to Vote 1. That the People under God are the Original of all Just Power 2. That the Commons of England assembled in Parliament being chosen by and representing the People have the Supreme Authority of this Nation 3. That whatsoever is enacted and declared for Law by the Commons of England assembled in Parliament by which they understood themselves hath the force of a Law 4. That all the People of this Nation are concluded thereby although the Consent and Concurrence of the King and House of Peers be not had thereunto 5. That to raise Arms against the People's Representative or Parliament and to make War upon them is High Treason 6. That the King Himself took Arms against the Parliament and on that account is guilty of the blood shed throughout the Civil War and that He ought to expiate the crime with His own blood Those that were less affected with the common Fears and Miseries could not temper their mirth and scorn at such ridiculous Usurpers that thought to adjust their Crimes by their own Votes that in one breath would adorn the People with the Spoils of Monarchy and in the next rob the People to invest themselves And it is said that even Cromwell who intended to ruine our Liberty was ashamed and scorned their so ready Slavery and afterwards did swear at the Table of an Independent Lord that he knew them to be Rascals and he would so serve them Others of more melancholy Complexions considering the baseness of these servile Tyrants and the humours of their barbarous masters the Souldiers all whose inhumanities they were to establish by a Law and that Power gotten by Wickedness cannot be used with the Modesty that is sit for just Magistrates justly feared that as under the King they had enjoyed the height of Liberty so under these men they were to be overwhelmed in the depth of Slavery and that these Votes which overturned the very Foundation of our Laws could not be designed but for some horrid Impiety and our lasting Bondage which came so to pass For in their next Consultations they constitute a Tribunal to sentence their Sovereign which afterwards they used as a Shambles for the most Loyal and Gallantest of the Nobless and People of the most abject Subjects and to procure a Reverence to the Vilest of men they give it the specious name of The High Court of Justice For which they appoint 150 Judges that the Number might seem to represent the whole Multitude of the most violent and heady of all the Faction To whom they give a power of citing hearing judging and punishing CHARLES STUART King of England To make up this Number they had named six Peers of the Upper House and the twelve Judges of the Land But the greatest part were Officers of the Army who having confederated against His Majesty and publickly required His Blood could not without a contempt to the light of Reason be appointed His Judges and Members of the Lower House who were most violent against Monarchy and indeed all Government wherein themselves had no share The rest were Persons pick'd out of the City of London and Suburbs thereof who they imagined would be most obsequious to their Lusts Those that surveyed the List and knew the men deemed them most unfit for a Trust of Justice and proper Instruments for any wicked undertaking for of these Judges one or two were Coblers others Brewers one a Goldsmith and many of them Mechanicks Such among them as were descended of ancient Families were Men of so mean worth that they were only like the Statues of their Ancestors had nothing but their Names to make them knownunto the World Some of them were Spend-thrifts Bankrupts such as could be neither safe nor free unless the Kingdom were in Bondage and most notorious Adulterers whose every Member was infamous with its proper Vice Vain and Atheistical in their Discourse Cowardly and Base in Spirit Bloody and Cruel in their Counsels and those Parts that cannot honestly be named were most dishonest One of them was accused of a Rape Another had published a Book of Blasphemies against the Trinity of the Deity Some of them could not hope to get impunity for their Oppressions of the Country and Expilations of the publick Treasure but by their ministry to this Murther Others could not promise themselves an advancement of their abject or declining Fortune but by this Iniquity Yet all these by the Faction were inrolled in the Register of Saints though fitter to standas Malefactors at the Bar than to sit upon Seats of Judgment And notwithstanding their diligent search for such a Number of Men who would not blush at nor fear any guilt some of those whom they had named in abhorrencie of the Impiety refused to sit and some that did yet met there in hopes of disturbing their Counsels All this while the House of Peers were not consulted and it was commonly supposed that most of them terrified with those Preparations against the King the only defence of the Nobless against the Popular Envie would absent themselves from that House except four or five that were the Darlings of the Faction and they deemed the Names and Compliance of those few were enough to give credit and Authority to their bloody Act. But in them they were disappointed also for some of the Peers did constantly meet and on that day wherein the Bill for Trial of the King was carried up to that House there were Seventeen then present a greater Number than usual who all Unanimously even the Democratick Lords not dissenting did reject the Bill as Dangerous and Illegal This so highly provoked the Fury of the Faction that they meditated a severe revenge and for the present blotted out those Peers whose Names they had before put into their Ordinance to make the Court more splendid After this they did also rase out the names of the Judges of the Land for they being privately consulted concerning these Proceedings against the King
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
the advice of private men or by any unknown or unsworn Counsellors but that such matters as concern the publick and are proper for the High Court of Parliament which is Your Majesties great and supreme Council may be debated resolved and transacted only in Parliament and not elsewhere and such as shall presume to do any thing to the contrary shall be reserved to the censure and judgment of Parliament And such other matters of State as are proper for Your Majesties Privy Council shall be debated and concluded by such of the Nobility and others as shall from time to time be 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 Your 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 Your Council attested under their hands And that Your Council my be limited to a certain number not exceeding twenty five nor under fifteen And if any Counsellors place happen to be void in the Intervals of Parliament it shall not be supplied without the assent of the major part of the Council which choice shall be confirmed at the next sitting of the Parliament or else to be void III. That the Lord High Steward of England Lord High Constable Lord Chancellor or Lord Keeper of the Great Seal Lord Treasure Lord Privy Seal Earl Marshal Lord Admiral Warden of the Cinque-Ports chief Governor of Ireland Chancellor of the Exchequer Master of the Wards Secretaries of State two Chief Justices and Chief Baron may always be chosen with the approbation of both Houses of Parliament and in the Intervals of Parliament by assent of the major part of the Council in such manner as is before exprest in the choice of Counsellors IV. That he or they unto whom the government and education of the King's Children shall be committed shall be approved of by both Houses of Parliament and in the Intervals of Parliaments by the assent of the major part of the Council in such manner as is before exprest in the choice of Counsellours And that all such Servants as are now about Them against whom both Houses shall have any just exception shall be removed V. That no Marriage shall be concluded or treated for any of the King's Children with any foreign Prince or other person whatsoever abroad or at home without the consent of Parliament under the penalty of a Praemunire unto such as shall so conclude or treat any Marriage as aforesaid and that the said Penalty shall not be pardoned or dispensed with but by the consent of both Houses of Parliament VI. That the Laws in force against Jesuites Priests and Popish Recusants be strictly put in execution without any toleration or dispensation to the contrary and some more effectual course may be enacted by authority of Parliament to disable them from making any disturbance in the State or eluding the Law by trusts or otherwise VII That the Votes of Popish Lords in the House of Peers may be taken away so long as they continue Papists And that His Majesty would consent to such a Bill as shall be drawn for the Education of the Children of Papists by Protestants in the Protestant Religion VIII That Your Majesty will be pleased to consent that such a Reformation be made in the Church-Government and Liturgy as both Houses of Parliament shall advise wherein they intend to have consultations with Divines as is expressed in their Declaration to that purpose And that your Majesty will contribute Your best assistance to them for the raising of a sufficient maintenance for Preaching Ministers through the Kingdom And that Your Majesty will be pleased to give Your consent to Laws for the taking away of Innovations and Superstition and of Pluralities and against Scandalous Ministers IX That Your Majesty will be pleased to rest satisfied with that course that the Lords and Commons have appointed for ordering the Militia until the same shall be further setled by a Bill And that Your Majesty will recall Your Declarations and Proclamations against the Ordinance made by the Lords and Commons concerning it X. That such Members of either House of Parliament as have during this present Parliament been put out of any Place and Office may either be restored to that Place and Office or otherwise have satisfaction for the same upon the Petition of that House whereof he or they are Members XI That all Privy-Counsellours and Judges may take an Oath the form whereof to be agreed on and setled by Act of Parliament for the maintaining of the Petition of Right and of certain Statutes made by this Parliament which shall be mentioned by both Houses of Parliament And that an inquiry of all the breaches and violations of these Laws may be given in charge by the Justices of the King's Bench every Term and by the Judges of Assize in their Circuits and Justices of Peace at the Sessions to be presented and punished according to Law XII That all the Judges and all Officers placed by approbation of both Houses of Parliament may hold their places Quam diu bene se gesserint XIII That the Justice of Parliament may pass upon all Delinquents whether they be within the Kingdom or fled out of it And that all persons cited by either House of Parliament may appear and abide the censure of Parliament XIV That the General Pardon offered by Your Majesty may be granted with such Exceptions as shall be advised by both Houses of Parliament XV. That the Forts and Castles of this Kingdom may be put under the Command and Custody of such persons as Your Majesty shall appoint with the approbation of Your Parliament and in the Intervals of Parliament with the approbation of the major part of the Council in such manner as is before expressed in the choice of Counsellours XVI That the extraordinary Guards and Military Forces now attending Your Majesty may be removed and discharged And that for the future You will raise no such Guards or extraordinary Forces but according to Law in case of actual Rebellion or Invasion XVII That Your Majesty will be pleased to enter into a more strict Alliance with the States of the United Provinces and other neighbour-Princes and States of the Protestant Religion for the defence and maintenance thereof against all designs and attempts of the Pope and his adherents to subvert and suppress it whereby Your Majesty will obtain a great access of strength and reputation and Your Subjects be much encouraged and enabled in a Parliamentary way for Your aid and assistance in restoring Your Royal Sister and the Princely Issue to those Dignities and Dominions which belong unto them and relieving the other distressed Protestant Princes who have suffered in the same Cause XVIII That Your Majesty will be pleased by Act of Parliament to clear the Lord Kimbolton and the
Five Members of the House of Commons in such manner that future Parliaments may be secured from the consequence of that evil Precedent XIX That Your Majesty will be graciously pleased to pass a Bill for restraining Peers made hereafter from sitting or voting in Parliament unless they be admitted thereunto with the Consent of both Houses of Parliament And these our humble desires being granted by Your Majesty we shall forthwith apply our selves to regulate Your present Revenue in such sort as may be for Your best advantage and likewise to settle such an ordinary and constant increase of it as shall be sufficient to support Your Royal Dignity in Honour and Plenty beyond the proportion of any former grants of the Subjects of this Kingdom to Your Majesties Royal Predecessors We shall likewise put the Town of Hull into such hands as Your Majesty shall appoint with the consent and approbation of Parliament and deliver up a just account of all the Magazine and chearfully imploy the uttermost of our power and endeavour in the real expression and performance of our most dutiful and loyal Affections to the preserving and maintaining the Royal Honour Greatness and Safety of Your Majesty and Your Posterity Die Jovis 2 die Junii 1642. Ordered by the Lords in Parliament that these Propositions shall be forthwith Printed and Published Jo. Brown Cleric Parliamentorum His MAJESTIES Answer to the Nineteen Propositions of both Houses of Parliament BEfore We shall give you Our Answer to your Petition and Propositions We shall tell you that We are now clearly satisfied why the Method which We traced out to you by Our Message of the 20 th of January and have since so often pressed upon you as the proper way to compose the Distractions of this Kingdom and render it truly happy hath been hitherto declined and is at length thought fit to be looked upon We now see plainly and desire that you and all other Our good Subjects should do so too that the Cabalists of this business have with great Prudence reserved themselves until due preparations should be made for their Design If they had unseasonably vented such Propositions as the Wisdom and Modesty of your Predecessours never thought fit to offer to any of Our Progenitours nor We in honour or regard to our Regal Authority which God hath entrusted Us with for the good of Our People could receive without just indignation and such many of your present Propositions are their hopes would soon have been blasted and those Persons to whom Offices Honours Power and Commands were designed by such ill timing of their business would have failed of their expectation not without a brand upon the attempt Therefore before any of this nature should appear they have certainly with great wisdom in the conduct of it thought fit to remove a troublesome Rub in their way the Law To this end that they might undermine the very foundations of it a new Power hath been assumed to interpret and declare Laws without Us by extemporary Votes without any Case judicially before either House which is in effect the same thing as to make Laws without Us Orders and Ordinances made only by both Houses tending to a pure Arbitrary power were pressed upon the people as Laws and their obedience required to them Their next step was to erect an upstart Authority without Us in whom and only in whom the Laws of this Realm have placed that Power to command the Militia very considerable to this their Design In further order to it they have wrested from Us Our Magazin and Town of Hull and bestrid Sir John Hotham in his bold-faced Treason they have prepared and directed to the People unprecedented Invectives against Our Government thereby as much as lay in their power to weaken Our just Authority and due esteem among them they have as injuriously as presumptuously though We conceive by this time Impudence it self is ashamed of it attempted to cast upon Us aspersions of an unheard-of nature as if We had favoured a Rebellion in Our own Bowels they have likewise broached new Doctrine That We are obliged to pass all Laws that shall be offered to Vs by both Houses howsoever Our own Judgment and Conscience shall be unsatisfied with them a point of Policy as proper for their present business as destructive to all Our Rights of Parliament and so with strange shamelesness will forget a Clause in a Law still in force made in the second year of King H. 5. wherein both Houses of Parliament do acknowledge That it is of the Kings Regality to grant or deny such of their Petitions as pleaseth himself they have interpreted Our necessary Guard legally assembled for the Defence of Us and our Childrens Persons against a Traitour in open Rebellion against Us to be with intent to levie War against Our Parliament the thought whereof Our very Soul abhorreth thereby to render Us odious to Our People They have so awed Our good Subjects with Pursivants long chargeable Attendance heavy Censures and illegal Imprisonments that few of them durst offer to present their tenderness of Our Sufferings their own just Grievances and their sense of those violations of the Law the Birthright of every Subject of this Kingdom though in an humble Petition directed to both Houses and if any did it was stifled in the Birth called Sedition and burnt by the common Hangman They have restrained the Attendance of Our ordinary and necessary Houshould-servants and seized upon those small sums of Money which Our Credit hath provided to buy Us Bread with Injunctions that none shall be suffered to be conveyed or returned to Us to York or any of Our Peers or Servants with us so that in effect they have blocked Us up in that County They have filled the ears of the People with the noise of Fears and Jealousies though taken up upon trust tales of Skippers Salt-Fleets and such like by which Alarms they might prepare them to receive such impressions as might best advance this Design when it should be ripe And now it seems they think We are sufficiently prepared for these bitter Pills We are in a handsome Posture to receive these Humble Desires which probably are intended to make way for a Superfoetation of a yet higher nature if We had not made this discovery to you for they do not tell Us this is all In them We must observe that these Contrivers the better to advance their true ends disguised as much as they could their intents with a mixture of some things really to be approved by every honest man others specious and popular and some which are already granted by Us All which are cunningly twisted and mixed with those other things of their main Design of Ambition and private Interest in hope that at the first view every eye may not so clearly discern them in their proper colours We would not be understood that We intend to fix this Design upon both or either House of Parliament
taken all possible pains to destroy King and People or such whom they shall recommend to succeed that the same Faction may be carried through the whole Kingdom which these Men have raised in both Houses of Parliament that all Affairs of the Kingdom be managed not only by their Advice but their absolute Direction and Command lest any Man should think himself Our Servant that the Education and Marriage of Our Children be committed to them lest any Christian Prince should make addresses to Us in such Treaties in a word that in gratitude to their Modesty and Duty for not deposing Us We will not now depose Our Self and suffer the People and Kingdom which God and the Law hath committed to Our Government and Protection and for which We must make an account to be devoured by them Sure these Men think 't is no affront to ask any thing But can Our good Subjects be longer kept in this Trance Can the Nobility Gentry Clergy Commonalty of England sacrifice their Honour Interest Religion Liberty to Terms and the meer sound of Parliament and Privilege Can their Experience Reason and Understanding be captivated by words and assumptions contradictory to all Principles What one thing have We denied that with reference to the publick Peace and Happiness were to be bought with the loss of the meanest Subject And yet into what a Sea of blood is the rage and fury of these Men launching out to wrest that from Us which We are bound if We had a thousand lives to lose in the contention to defend Nay what one thing is there that makes life precious to good Men which We do not defend and these Men oppose and would evidently destroy What Grievance or Pressure have Our People complained of and been eased by Us whch is not now brought upon them in an unlimited degree Is the true Reformed Protestant Religion sealed by the blood of so many Reverend Martyrs and established by the Wisdom and Piety of former blessed Parliaments dear to them We must appeal to all the world being called upon by the Reproaches of these men whether Our own practice the best evidence of Religion and all the assistance and offers We can give have been wanting to the Advancement of that Religion And what can be more done by Us to satisfie and secure Our People in that point On the other side let all Our good Subjects consider and weigh what pregnant Arguments they have to fear Innovation in Religion if these desperate persons prevail when the principal Men to whose care and authority they have committed the managery of that part refuse Communion with the Church of England as much as the Papists do and have not only with that freedom they think fit to use reproached the Book of Common-Prayer and the Government of the Church in their Speeches but have published those Speeches in the view of all Men in Print that the World might see by what Measure and Rule the Reformation they so much talk of is to be made when such Petitions have been contrived by them and accepted with publick thanks which revile the Book of Common-Prayer calling it a Mass-book in scorn and contempt of the Law whilest other Petitions for the Government established by Law have been rejected discountenanced and the Petitioners punished and when two Armies were kept in the bowels of the Kingdom ten weeks at the charge of fourscore thousand pounds a Month for the countenance of a Bill to eradicate Episcopacy Root and Branch when such licence is given to Brownists Anabaptists and Sectaries and whilst Coachmen Felt-makers and such Mechanick persons are allowed and entertained to preach by those who think themselves the principal Members of either House when such barbarous Outrages in Churches and heathenish Irreverence and Uproars even in the time of Divine Service and the Administration of the blessed Sacrament are practised without control when the blessed means of advancing Religion the Preaching of the Word of God is turned into a licence of Libelling and Reviling both Church and State and venting such Seditious Positions as by the Laws of the Land are no less than Treason and scarce a Man in Reputation and Credit with these grand Reformers who is not notoriously guilty of this whilest those Learned Reverend Painful and Pious Preachers who have been and are the most eminent and able Assertors of the Protestant Religion are to the unspeakable joy of the Adversaries to Our Religion disregarded and oppressed lastly when for the settling and composing all these Distractions and Distempers instead of a free and general Synod of Grave and Learned Divines which hath been so much talked of and to whose deliberations We were and are willing to commit the Consideration of those Affairs a Conference is desired with particular Men nominated by themselves contrary to the Rights and Practice of the Church the major part of whom though We confess there are many Reverend Learned and Pious persons amongst them are not of Learning nor Understanding sutable to so great a Work or are of known avowed Disaffection to the Doctrine and Discipline of the Church and of those who have preached Seditiously and Treasonably against Our Person and Authority as Doctor Downing and others Whoever from his Soul desires a true Examination and Reformation in Religion cannot expect it from the results of these Mens Counsels nor think the true service of God is like to be advanced or preserved by such practices And all sober Men must look with strange Horrour and Indignation upon the last Declaration of the Lords and Commons which after such unprecedented Outrages and Violences against Us publishes the ground of their taking up defensive Arms as they call them to be for the maintetenance of the true Religion the taking and keeping of Hull Our Navy Our Money and Goods the exercising of the Militia and all the other Injuries We complain of to be for the maintenance of Religion But whosoever believes them to be for the preservation of Our Person may believe the other too Would Men enjoy the Laws they were born to the Liberty and Property which makes the Subjection of this Nation famous and honourable with all neighbouring Kingdoms We have done Our part to make a Wall of Brass for the perpetual defence of them whilest these ill Men usurp a Power to undermine that Wall and to shake those Foundations which cannot be pulled down but to the confusion of Law Liberty Property and the very Life and Being of Our Subjects Is the Dignity Privilege and Freedom of Parliament Parliaments whose Wisdom and Gravity have prepared so many wholsome Laws and whose Freedom distinguishes the Condition of Our Subjects from those of any Monarchy in Europe precious unto Our People Where was that Freedom and that Privilege when the House of Commons presumed to make Laws without the House of Peers as they did in their Vote upon the Protestation and of the 9th of September when the House
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
Patience was not overcome nor his nature changed by the Reproaches of his Accusers answers with so brave a Presence of Spirit such firm Reasons and so clear an Eloquence that he whom the mercenary Tongues of their Lawyers had rendred as a Monster of men could not be found guilty of Treason either in the particulars or the whole So that his Enemies were filled with madness that their Charge of Crimes appeared no other then a Libel of Slanders and the dis-interessed Hearers were besides the pleasure they received to find so great Endowments polluted with no hainous Crimes sensible of the unhappiness of those who are Ministers of State among a Factious people where their prosperous Counsels are not rewarded and unsuccessfull though prudent are severely accused when they erre every one condemns them and their wise Advices few praise for those that are benefitted envy and such as are disappointed hate those that gave them And such seemed the Fate of this Excellent Counsellour whom nothing else but his great Parts his Master's Love and Trust had exposed to this Danger The Faction being obstructed this way by the Earl's Innocency and Abilities from taking away his Life move the House to proceed by a Bill of Attainder to the making a Law after the Fact whereby they Vote him guilty of High Treason yet adde a Caution that it should not be drawn into a Precedent seeking to secure themselves from a return of that Injustice upon themselves which they acted on him intending to prosecute what they falsly charged him with the Alteration of Government Which yet passed not without a long debate and contention for many that had none but honest hopes disdained to administer to the Interest of the Faction in the blood of so much Innocent Gallantry and those that were prudent saw how such an Example opened the avenues to ruine of the best Persons when once exposed to publick hatred Therefore they earnestly disswaded such a proceed And fifty nine of the most eminent openly dissented when it came to the Vote whose Names were afterwards posted and marked for the fury of the Rabble that for the future they might not oppose the designs of the Factious unless they desired to be torn in pieces In two dayes the Lower House past the Bill so swift were the Demagogues to shed blood but the Lords House was a little more deliberative the King having amongst them declared His sense of the Earl's Innocency of whose slow Resolves the Faction being impatient there came a seditious rabble of about 5 or 6000 of the dreggs of the people armed with Staves and Cudgels and other Instruments of Outrage instigated by the more unquiet Members both of the House of Commons and the City to the Parliament doors clamouring Justice Justice and the next day to raise their Fury there was a report spred among them of some endeavours to prepare an Escape for the Lieutenant of Ireland therefore with more fierceness they raised their clamours some objecting Treason to him others their Decay of Trade and each one either as he was instructed for some of the House of Commons would be among them to direct their Fury and to give some order to their Tumult that it might appear more terrible or the sense of his own necessities and lusts led him urged his different motives for Justice and at last heated by their own motion and noise they guard the doors of the House of Peers offer insolencies to the Lords especially the Bishops as they went in and threaten them if their Votes disagree from their clamours And when they had thus made an assault on the Liberty of the Parliament which yet was pretended to be so Sacred they afterward set upon the neighbouring Abbey-Church where forcing open the doors they brake down the Organs spoiled all the Vestments and Ornaments of the Worship from thence they fly to Court and disturb the Peace of it with their undecent and barbarous clamours and at last were raised to that impudency as to upbraid the King who from a Scaffold perswaded them as they passed by to a modest care of their own private affairs with an unfitness to reign When some Justices of the Peace according to the Law endeavoured to suppress those Tumults by imprisoning the most forward and bold Leaders they themselves were imprisoned by the Command of the Commons upon pretext of an injury offered to the Liberties of the Subject of which one was as they then dictated That every one might safely petition the Parliament yet when the Kentish men came to petition for something contrary to the Gust of the Faction they caused the City Gates to be shut upon them and when other Counties were meditating Addresses for Peace by threatnings they deterred them from such honest undertakings And when some prudent Persons minded the Demagogues how dishonourable it was for the Parliament not to suppress such Mutinies they replied that their friends ought rather to be thanked and caressed By these and other Arts having wholly overthrown the freedom of that Council and many withdrawing themselves from such Outrages when scarce the third part of the Peers were present the Faction of that House likewise passed the Bill the Dissenters being out-voted only by seven Voices Yet all this could not prevail upon the King though the Tumults were still high without and within He was daily sollicited by the Lords of his Palace who now looked upon the Earl as the Herd doth on an hurt Deer and they hoped his Blood would be the Lustration of the Court to leave the Earl as a Sacrifice to the Vulgar rage Nor did the King any ways yield till the Judges who were now obsequious to the pleasures of the Parliament declared he might do it by Law and the Earl by his own Letters devoted himself as a Victime for the publick Peace and His Majesty's safety and then overcome with Importunities on all hands and being abused by bad dealing of the Judges as Himself complained to the Bishop of London who answered That if the King in Conscience found him not guilty He ought not to pass the Bill but for matter of Law what was Treason he referred Him to the Judges who according to their Oath ought to carry themselves indifferently betwixt Him and His Subjects but the other four Bishops that were then consulted Durham Lincoln Carlisle and the Archbishop of Armagh were not so free as the Bishop of London was and therefore the King observed a special blessing of God upon him He at last with much reluctancy signed a Commission to some Lords to pass that Bill of Attainder and another for Continuation of the Parliament during the pleasure of the Two Houses The passing of these two Bills as some thought wounded the King's Greatness more than any thing He ever did The first because it cut off a most exquisite Instrument of Empire and a most faithful Servant and none did more make use of this to pollute His
Popish Lords and Bishops had the greatest Power and there it stuck whose Names they desired to know And in this they were so earnest that they would not willingly withdraw whilest it was debated and then they had leave to depart with this Answer That the House of Commons had already endeavoured Relief from the Lords in their Requests and shall so continue till Redress be obtained Such Petitions as these were likewise from the several Classes of the inferiour Tradesmen about London as Porters Water-men and the like and that nothing of testifying an universal Importunity might be left unattempted Women were perswaded to present Petitions to the same effect While the Faction thus boasted in the success of their Arts Good men grieved to see these daily Infamies of the Supreme Council of the Nation all whose Secrets were published to the lowest and weakest part of the People and they who clamoured it as a breach of their Privilege that the King took notice of their Debates now made them the subjects of discourse in every Shop and all the corners of the Street where the good and bad were equally censured and the Honour and Life of every Senator exposed to the Verdict of the Rabble No Magistrate did dare to do his Office and all things tended to a manifest Confusion So that many sober Persons did leave the Kingdom as unsafe where Factions were more powerful than the Laws And Just Persons chose rather to hear than to see the Miseries and Reproaches of their Country On the other side to make the King more plyable they tempt him by danger in His most beloved Part the Queen concerning whom they caused a Rumour that they did intend to impeach Her of High Treason This Rumour made the deeper Impression because they had raised most prodigious Slanders which are the first Marks for destruction of Princes on Her and when they had removed all other Counsellors from the King She was famed to be the Rock upon which all hopes of Peace and Safety were split That She commanded no less His Counsels than Affections and that His Weakness was so great as not to consent to or enterprise any thing which She did not first approve That She had perverted Him to Her Religion and formed Designs of overthrowing the Protestant Profession These and many other of a portentuous falshood were scattered among the Vulgar who are always most prone to believe the Worst of Great Persons and the uncontrolled Licence of reporting such Calumnies is conceived the first Dawning of Liberty But the Parliament taking notice of the Report sent some of their House to purge themselves from it as an unjust Scandal cast upon them To which the Queen mildly answers That there was a general Report thereof but She never saw any Articles in writing and having no certain Author for either She gave little Credit thereto nor will She believe they would lay any Aspersion upon Her who hath been very unapt to misconstrue the Actions of any One Person and much more the Proceedings of Parliament and shall at all times wish an Happy Vnderstanding between the King and His People But the King knowing how usual it was for the Faction by Tumults and other Practices to transport the Parliament from their just Intentions in other things and that they might do so in this resolved to send Her into Holland under colour of accompanying their eldest Daughter newly married to the Prince of Orange but in truth to secure Her so that by the fears of Her danger who was so dear unto Him He might not be forced to any thing contrary to His Honour and Conscience and that Her Affections and Relations to Him might not betray Her Life to the Malice of His Enemies With Her He also sent all the Jewels of the Crown that they might not be the Spoils of the Faction but the means of the support of Her Dignity in Forein Parts if His Necessities afterwards should not permit Him to provide for Her otherwise Which yet She did not so employ but reserved them for a supply of Ammunition and Arms when His Adversaries had forced Him to a necessary Defence It was said that the Faction knew of this Conveyance and might have prevented it but that they thought it for their greater advantage that this Treasure should be so managed that the King in confidence of that Assistance might take up Arms to which they were resolved at last to drive Him For they thought their Cause would be better in War than Peace because their present Deliberations were in the sense of the Law actual Rebellions and a longer time would discover those Impostures by which they had deluded the People who would soon leave them as many now did begin to repent of their Madness to the Vengeance which was due to their Practices unless they were more firmly united by a communion of Guilt in an open assaulting their Lawful Prince The King hastens the Security of the Queen and accompanies Her as far as Dover there to take His Farewel of Her a Business almost as irksom as Death to be separated from a Wife of so great Affections and eminent Endowments and that which made it the more bitter was that the same Cause which forced Her Separation from Him set Her at a greater distance from His Religion the onely thing wherein their Souls were not united even the Barbarity of His Enemies who professed it yet were so irreconcileable to Vertue that they hated Her for Her Example of Love and Loyalty to Him While He was committing Her to the mercy of the Winds and Waves that She might escape the Cruelty of more unquiet and faithless men they prosecute Him with their distasteful Addresses and the Canterbury present Him with a Bill for taking away Bishops Votes in Parliament Which having been cast out of the House of Peers several times before ought not by the Course and Order of Parliament to have been admitted again the same Session But the Faction had now used their accustomed Engine the Tumult and it was then passed by the Lords and brought hither together with some obscure Threats that if it were not signed the Queen should not be suffered to depart By such impious Violences did they make way for that which they call'd Reformation This His Majesty signs though after it made a part of His penitential Confessions to God in hopes that the Bill being once consented to the Fury of the Faction which with so great Violence pursued an absolute Destruction of the Ecclesiastical Government would be abated as having advanced so far in their Design to weaken the King's Power in that House by the loss of so many Voices which would have been always on that side where Equity and Conscience did most appear But He soon found the Demagogues had not so much Ingenuity as to be compounded with and they made this but a step to the Overthrow of that which He designed to preserve When His
in His own Palaces wondering they had no more Reverence for Majesty and to beget a belief of this they profess which they would have to be conceived with them was more sacred than any Oaths that they will never part with their Arms till they have made His way to His Throne and rendred the Condition of His Party more tolerable Besides these Promises and Compassions they permit Him the Ministery of His Chaplains in the Worship of God which it is said He took with so great a Joy that He almost believed Himself free and safe it being His most heavy burden while He was the Parliaments Captive the Commerce of Letters with the Queen the Visits of His own Party and the Service of His Courtiers some of whom they also admitted to their Council of War mould Propositions which they will urge in His behalf and alter them to the King's Gust and at His Advice In their publick Remonstrances against the Covetousness Ambition Injustice Cruelty and Self-mindedness of the Parliament they do sometimes obliquely sometimes plainly profess that the King Queen and the Royal Family must be restored to all their Rights or else no hope of a solid Peace but then they would intermix such Conditions as argued they sought Reserves for a perfidious escape For Cromwell did among his Confidents boast of his fine arts and that by these Indulgences was intended nothing but His Destruction By all these Impostures they prevailed nothing upon the Hopes or Fears of the King nor did He commit any thing unworthy His former Fortune and the Greatness of His Integrity and Wisdom or which any of the Disagreeing Factions could use to His reproach But they found another kind of Success upon the Parliament for they sacrificed to the commands of their Stipendiaries eleven Members of the House of Commons and seven of the Peers causing them to forbear sitting among them because they had been accused by the Army in a very frivolous Charge All men wondering at the inequality of those mens Spirits who had so furiously rejected the Articles of their lawful Sovereign against five or six of their Body and yet did now so tamely yield to the slight Cavils and dislike of their Mercenaries above thrice that Number They therefore concluded that neither Religion Justice or the Love of Liberty which are always uniform but unworthy Interests and corrupt Souls which vary with fears and hopes had been the Principles and first Movers of their attempts Besides this they were so prone to Slavery that they had gone on to Vote all the lusts of the Army had not a Tumult their arts being now turned upon their own heads from London stopp'd them in their violent speed and kept the Speaker in his Chair till they had voted more generously that it was neither for their Honour nor Interest to satisfie the demands of the Souldiers and that the King should come to London to treat These contrary desires of the divided Faction which had joyntly oppressed their Sovereign shewed that Ill men will more easily conspire together in War than consent in Peace and that Combinations in Crimes will conclude in Jealousies each Party thinking the advantages of the other too great and that Power is never thought faithful which is accounted excessive Therefore both prepare for War With the 140 Members that sate in Parliament were joyned the City and the cashiered Souldiers and Officers that had served in their pay With the Army were the Speakers of both Houses who had fled to them with about 50 of their Members that projected the Change of Government being either for an Oligarchy or Democracie yet left some of the same judgment behind to betray and disturb the Councils at London To these did adhere the Neighbouring Counties who were cajoled by the splendid Promises of the Army of Restoring the King which they much boasted Dissolving the Parliament and Establishing Peace and Government and they more willingly credited these because they had conceived an hatred of the Parliament and City both for beginning the War and now obstructing Peace The Army intitle their attempts for King and People Their Adversaries for bringing the King to His Parliament The Commanders were greedy of that War which promised an easie Victory and made the poor Souldiers hope for the Plunder of the City For the advantage was clear on the Army's side which consisted of veterane Souldiers united among themselves by a long Converse and known Commanders but the force of the other was made up of a tumultuary Multitude gathered under new Leaders and so had no mutual confidence their meetings were full of doubts and fears none could determine in private nor in publick consult because they dared not trust one another and it was observed that those who were most treacherous talk'd most boldly against the Enemy Therefore in the very beginnings the Parliament and City desert their Enterprise treat with and open their Gates to the Army who march in Triumph through London bringing the Speakers and their Fellow-Travellers to their Chairs seize upon the Tower dismantle the Fortifications pull down all the Chains and Posts of the City send the Lord Mayor and the chief Citizens to the Tower and reduce all the power of the Nation in Obedience to the Commanders For Fairfax is made General of all the Forces both in England and Ireland and Rainsbrough a Leveller and a violent Head of the Democraticks High Admiral The impeached Presbyterians fled beyond Sea others of that Sect drooping complyed with the Fortune of the Conquerours and that which grieved good Men most was a Publick Thanksgiving which is not to be observed but for the happy endeavours of a Nation in their vertuous and glorious undertakings for Liberty and Safety but now was prophaned for our Slavery and Misery to God was appointed for the Army and they were entertained now at a Feast whom before the City would have forced from their Walls While these things were in Motion the King consults Heaven for Direction and His Party modestly abstain from either side thought both to be abhorred and knew that Party would be the worst which should overcome The Army having now the greatest strengths of the Nation the Parliament and City at their Obedience make no mention of their former promises to the King only the Adjutators were fierce for breaking that Parliament and calling another as they call'd it more equal Representative But both their Synagogue and the Council of War being now delivered from fear of the Presbyterians began to contrive the destruction both of the King and Monarchy As for the King whom they had now brought to Hampton-Court some that had before contrived His Death and to murder Him while he was in the Scotch Camp so at once to satisfie their own Revenge and load their Enemies with the Infamy of the Murder yet could not then perform it were now fierce for a speedy and secret Assassination by Pistol or Poison Others would have
an adjoyning Scaffold where she stood she cried out with a loud Voice but not without danger that It was a Lye not the Tenth part of the People were guilty of such a Crime but all was done by the Machinations of that Traytor Cromwell But the King after the Charge was read with a Countenance full of Majesty and Gravity demands by what Authority they proceeded with Him thus contrary to the Publick Faith and what Law they had to try Him that was an absolute Sovereign Bradshaw replying that of the Parliament His Majesty shewed the detestable Falsehood in pretending to what they had not and if they had it yet it could not justifie these Practices To which Reply when they could not answer they force Him back to the place of His Captivity The Magnanimity of the King in this Days Contest with these inhumane Butchers did much satisfie the People and they were glad while they thought not of His Danger that He wanted not either Speech or Courage against so powerful Enemies that He had spoken nothing unworthy of Himself and had preserved the Fame of His. Vertues even in so great Adversities For He seemed to triumph over their Fortune whose Arms He was now subject to The Parricides sought to break his Spirit by making His appearances frequent before such contemptible Judges and often exposing Him to the contempt of the Armed Rabble therefore four days they torture Him with the Impudence and Reproaches of their Infamous Sollicitor and President But He still refused to own their Authority which they could not prove lawful and so excellently demonstrated their abominable Impiety that He made Colonel Downes one of their Court to boggle at and disturb their Proceedings They therefore at last proceeded to take away that Life which was not to be separated from Conscience and Honour and pronounced their Sentence of Death upon their Lawful and Just Sovereign Jan. 27. not suffering Him to speak after the Decree of their Villany but hurrying Him back to the place of His Restraint At His departure He was exposed to all the Insolencies and Indignities that a phanatick and base Rabble instigated by Peters and other Instructors of Villany could invent and commit And He suffer'd many things so conformable to Christ His King as did alleviate the sense of them in Him and also instruct Him to a correspondent Patience and Charity When the barbarous Souldiers cried out at His departure Justice Justice Execution Execution as those deceived Jews did once to their KING Crucisie Him Crucifie Him this Prince in imitation of that most Holy King pitied their blind fury and said Poor Souls for a piece of Money they would do as much for their Commanders As He passed along some in defiance spit upon His Garments and one or two as it was reported by an Officer of theirs who was one of their Court and praised it as an evidence of his Souldiers Gallantry while others were stupefied with their prodigious baseness polluted His Majestick Countenance with their unclean spittle the Good King reflecting on His great Exemplar and Master wiped it off saying My Saviour suffer'd far more than this for me Into His very Face they blowed their stinking Tobacco which they knew was very distasteful to Him and in the way where He was to go just at His Feet they flung down pieces of their nasty Pipes And as they had devested themselves of all Humanity so were they impatient and furious if any one shewed Reverence or Pity to Him as He passed For no honest Spirit could be so forgetful of humane fruilty as not to be troubled at such a sight to see a Great and Just King the rightful Lord of three flourishing Kingdoms now forced from His Throne and led captive through the Streets Such as pull'd off their Hats or bowed to Him they beat with their Fists and Weapons and knock'd down one dead but for crying out God be merciful unto Him When they had brought Him to His Chamber even there they suffered Him not to rest but thrusting in and smoaking their filthy Tobacco they permitted Him no Privacy to Prayer and Meditation Thus through variety of Tortures did the King pass this Day and by His Patience wearied His Tormentors nothing unworthy His former greatness of Fortune and Mind by all these Affronts was extorted from Him though Indignities and Injuries are unusual to Princes and these were such as might have forced Passion from the best-tempered meekness had it not been strengthned with assistance from Heaven In the Evening the Conspirators were acquainted by a Member of the Army of the King's desire that seeing His Death was nigh it might be permitted him to see His Children and to receive the Sacrament and that Doctor Juxon then Lord Bishop of London now Arch-Bishop of Canterbury might be admitted to pray with Him in His private Chamber The first they did not scruple at the Children in their power being but two the Lady Elizabeth and the Duke of Glocester and they very young The second they did not readily grant Some would have had Peters to undertake that Employment for which the Bishop was sent for But he declined it with some Scoffs as knowing that the King hated the Offices of such an unhallowed Buffoon So that at last they permitted the Bishop's access to the King to whom his eminent Integrity had made him dear For with so wonderful a Prudence and uprightness he had managed the envious Office of the Treasury that that accusing age especially of Church-men found not matter for any Impeachment nor ground for the least Reproach The next day being Sunday the King was removed to St. James's where the Bishop of London read Divine Service and preached before Him in private on these words In the day when God shall judge the secrets of all men by Jesus Christ according to my Gospel While the King and the Bishop at this time and also at other times were performing the Divine Service the rude Souldiers often rushed in and disturbed their Offices with vulgar and base Scoffs vain and frivolous Questions The Commanders likewise and other impertinent Anabaptists did interrupt His Meditations who came to tempt and try Him and provoke Him to some unnecessary disputations But He maintained His own Cause with so irrefragable Arguments that He put some to silence the petulancy of others He neglected and with a modest contempt dissembled their Scoffs and Reproaches In the narrow space of this one Day and under so continued Affronts and Disturbances the King whose whole Soul was totally composed to Religion applied Himself as much as was possible to the Reading Holy Scriptures to Prayer Confession of Sins Supplications for the forgiveness of his Enemies the receiving the Eucharist holy Conferences and all the Offices of Piety so under the utmost Malice and Hatred of men He laboured for the Mercy of God and to fit Himself for His last victory over Death While the King thus spent this day
prevent the Miseries which are ready to overwhelm this whole Nation by a Civil War and tho' all Our endeavours tending to the composing of those unhappy Differences betwixt Us and our two Houses of Parliament though pursued by us with all zeal and sincerity have been hitherto without that success We hoped for yet such is Our constant and earnest care to preserve the publick Peace that we shall not be discouraged from using any expedient which by the blessing of the God of Mercy may lay a firm foundation of Peace and Happiness to all Our good Subjects To this end observing that many mistakes have arisen by the Messages Petitions and Answers betwixt Us and Our two Houses of Parliament which happily may be prevented by some other way of Treaty wherein the matters in difference may be more clearly understood and more freely transacted We have thought fit to propound to you that some fit persons may be by you enabled to treat with the like Number to be authorized by Us in such a manner and with such freedom of debate as may best tend to that happy conclusion which all good men desire The peace of the Kingdom wherein as We promise in the word of a King all safety and encouragement to such as shall be sent unto Us if you shall chuse the place where We are for the Treaty which we wholly leave to you presuming on the like care of the safety of those We shall imploy if you shall name another place so We assure you and all Our good Subjects that to the best of Our Understanding nothing shall be therein wanting on Our part which may advance the true Protestant Religion oppose Popery and Superstition secure the Law of the land upon which is built as well Our just Prerogative as the Propriety and Liberty of the Subject confirm all just Power and Priviledges of Parliament and render Us and Our People truly happy by a good understanding betwixt Us and Our two Houses of Parliament Bring with you as firm resolutions to do your Duty and let all Our People joyn with Us in Our Prayers to Almighty God for his blessing upon this Work If this Proposition shall be rejected by you We have done Our duty so amply that God will absolve Us from the guilt of any of that Blood which must be spilt And what opinion soever other men may have of Our Power We assure you nothing but Our Christian and pious care to prevent the effusion of Blood hath begot this motion Our provision of Men Arms and Money being such as may secure Us from further Violence till it please God to open the Eyes of Our People IV. From ...... Sept. 5. MDCXLII In pursuance of the former WE will not repeat what means We have used to prevent the dangerous and distracted Estate of the Kingdom nor how these means have been interpreted because being desirous to avoid effusion of Blood We are willing to decline all memory of former bitterness that might make Our offer of a Treaty less readily accepted We never did declare nor ever intended to declare both Our Houses of Parliament Traytors or set up Our Standard against them and much less to put them and this Kingdom out of Our protection We utterly profess against it before God and the World And further to remove all possible scruples which may hinder the Treaty so much desired by Us We hereby promise so that a day be appointed by you for the revoking of your Declarations against all Persons as Traytors or otherwise for assisting Us We shall with all chearfulness upon the same day recal Our Proclamations and Declarations and take down Our Standard in which Treaty We shall be ready to grant any thing that shall be really for the good of Our Subjects Conjuring you to consider the bleeding condition of Ireland and the dangerous condition of England in as high a degree as by these Our offers We have declared Our Self to do And assuring you that Our chief desire in this World is to beget a good Understanding and mutual Confidence betwixt Us and Our two Houses of Parliament V. From ...... Sept. 11. MDCXLII In Replie to the Answer of both Houses to the former WHO have taken most ways used most endeavours and made most real expressions to prevent the present Distractions and Dangers let all the World judge as well by former passages as Our two last Messages which have been so fruitless that though We have descended to desire and press it not so much as a Treaty can be obtained unless We would denude Our self of all force to defend Us from a visible strength marching against Us and admit those persons accounted as Traytors to Us who according to their Duty their Oaths of Allegiance and the Law have appeared in defence of Us their King and Liege Lord whom We are bound in Conscience and Honour to preserve though We disclaimed all Our Proclamations and Declarations and the erecting of Our Standard as against Our Parliament All We have now left in Our power is to express the deep sense We have of the publick Misery of this Kingdom in which is involved that of Our distressed Protestants of Ireland and to apply Our self to Our necessary defence wherein We wholly relie upon the Providence of God the Justice of Our Cause and the Affection of Our good People so far We are from putting them out of Our Protection When you shall desire a Treaty of Us We shall piously remember whose blood is to be spilt in this quarrel and chearfully embrace it And as no other reason induced Us to leave Our City of London but that with Honour and Safety We could not stay there nor to raise any force but for the necessary defence of Our Person and the Law against Levies in opposition to both so We shall suddenly and most willingly return to the one and disband the other as soon as those causes shall be removed The God of Heaven direct you and in Mercy divert those Judgments which hang over this Nation and so deal with Us and Our Posterity as We desire the preservation and advancement of the true Protestant Religion and the Law and Liberty of the Subject the just Rights of Parliament and the Peace of the Kingdom VI. From BRAINFORD Nov. 12. MDCXLII After the Defeat of the Parliament Forces at EDGE-HILL and at BRAINFORD WHereas the last Night being the eleventh of November after the departure of the Committee of both Our Houses with Our gracious Answer to their Petition We received certain information having till then heard nothing of it either from the Houses Committee or otherwise that the L. of Essex had drawn his Forces out of London towards Us which hath necessitated Our sudden resolution to march with Our Forces to Brainford We have thought hereby fit to signifie to both Our Houses of Parliament that we are no less desirous of the Peace of the Kingdom than We express in Our
Lexington Mr Denzil Hollis Mr Pierrepont Mr Henry Bellasis Mr Richard Spencer Sir Thomas Fairfax Mr John Ashburnham Sir Gervas Clifton Sir Henry Vane Junior Mr Robert Wallop Mr Thomas Chicheley Mr Oliver Cromwell Mr Philip Skippon supposing that these are persons against whom there can be no just exception But if this doth not satisfie then His Majesty offers to name the one half and leaves the other to the election of the two Houses of Parliament at Westminster with the Powers and Limitations before mentioned Thus His Majesty calls God and the World to witness of His sincere intentions and real endeavours for the composing and setling of these miserable Distractions which he doubts not but by the blessing of God will soon be put to a happy conclusion if this His Majesties offer be accepted Otherwise He leaves all the World to judge who are the continuers of this unnatural War And therefore He once more conjures you by all the bonds of Duty you owe to God and your King to have so great a compassion onthe bleeding and miserable estate of your Country that you joyn your most serious and hearty endeavours with His Majesty to puta happy and speedy end to these present Miseries Given at our Court at Oxford the 26. of Decem. 1645. XVI From OXFORD Dec. 29. MDCXLV In pursuance of the former for a Personal Treaty at Westminster For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. ALthough the Message sent by Sir Peter Killegrew may justly require an expostulatory Answer yet His Majesty lays that aside as not so proper for His present endeavours leaving all the World to judge whether His Proposition for a Personal Treaty or the flat denial of a safe Conduct for Persons to begin a Treaty be greater signs of a real intention to Peace and shall now only insist upon His former Message of the 26. of this December That upon His repair to Westminster He doubts not but so to joyn His endeavours with His two Houses of Parliament as to give just satisfaction not only concerning the business of Ireland but also for the setling of a way for the payment of the publick Debts as well to the Scots and to the City of London as others And as already He hath shewn a fair way for the setling of the Militia so He shall carefully endeavour in all other particulars that none shall have cause to complain for want of security whereby just Jealousies may arise to hinder the continuance of the desired Peace And certainly this Proposition of a Personal Treaty could never have entred into His Majesties thoughts if He had not resolved to make apparent to all the World that the publick good and Peace of this Kingdom is far dearer to Him than the respect of any particular Interest Wherefore none can oppose this motion without a manifest demonstration that he particularly envies His Majesty should be the chief Author in so blessed a work besides the declaring himself a direct opposer of the happy Peace of these Nations To conclude whosoever will not be ashamed that his fair and specious protestations should be brought to a true and publick test and those who have a real sense and do truly commiserate the miseries of their bleeding Country let them speedily and chearfully embrace His Majesties Proposition for His Personal Treaty at Westminster which by the blessing of God will undoubtedly to these now-distracted Kingdoms restore the happiness of a long-wisht-for and lasting Peace Given at Our Court at Oxford the nine and twentieth day of December 1645. XVII From OXFORD January 15. MDCXLV VI. In pursuance of the former Containing His Majesty's Concessions and Offers For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. BUT that these are times wherein nothing is strange it were a thing much to be marvelled at what should cause this unparallel'd long detention of His Majesties Trumpeter sent with His gracious Message of the 26. of December last Peace being the only subject of it and His Majesties Personal Treaty the means proposed for it And it were almost as great a wonder that His Majesty should be so long from enquiring after it if that the hourly expectation thereof had not in some measure satisfied His impatience But lest His Majesty by His long silence should condemn Himself of Carelesness in that which so much concerns the good of all His People He thinks it high time to enquire after His said Trumpeter For since all men who pretend any goodness must desire Peace and that all men know Treaties to be the best and most Christian way to procure it and there being as little question that His Majesties Personal presence in it is the likeliest way to bring it to an happy issue He judges there must be some strange variety of accidents which causeth this most tedious delay Wherefore His Majesty earnestly desires to have a speedy account of His former Message the subject whereof is Peace and the means His Personal presence at Westminster where the Government of the Church being setled as it was in the times of the happy and glorious Reigns of Queen Elizabeth and King James and full liberty for the ease of their Consciences who will not communicate in that Service established by Law and likewise for the free and publick use of the Directory prescribed and by command of the two Houses of Parliament now practised in some parts of the City of London to such as shall desire to use the same and all Forces being agreed to be disbanded His Majesty will then forthwith as He hath in His Message of the 29. of December last already offered joyn with His two Houses of Parliament in setling some way for the payment of the publick Debts to His Scotch Subjects the City of London and others And His Majesty having proposed a fair way for the setling of the Militia which now by this long delay seems not to be thought sufficient security His Majesty to shew how really He will imploy Himself at His coming to Westminster for making this a lasting Peace and taking away all Jealousies how groundless soever will endeavour upon debate with His two Houses so to dispose of it as likewise of the business of Ireland as may give to them and both Kingdoms just satisfaction not doubting also but to give good contentment to His two Houses of Parliament in the choice of the Lord Admiral the Officers of State and others if His two Houses by their ready inclinations to Peace shall give Him encouragement thereunto Thus His Majesty having taken occasion by His just impatience so to explain His intentions that no man can doubt of a happy issue to this succeeding Treaty if now
Weight as to alledg that the Scots Great Seal did countenance the Irish Rebellion when I know it can be proved by Witnesses without exception that for many months before until the now Lord Chancellor had the keeping of it there was nothing at all Sealed by it Nor concerning this great point will I only say that the King is Innocent and bid them prove which to most Accusations is a sufficient Answer but I can prove that if the King had been obeyed in the Irish Affairs before He went last into Scotland there had been no Irish Rebellion and after it was begun it had in few months been suppressed if His Directions had been observed For if the King had been suffered to have performed His Engagements to the Irish Agents and had disposed of the discontented Irish Army beyond Sea according to His Contracts with the French and Spanish Ambassadours there is nothing more clear than that there could have been no Rebellion in Ireland because they had wanted both Pretence and Means to have made one Then when it was broken forth if those vigorous courses had been pursued which the King proposed first to the Scots then to the English Parliament doubtless that Rebellion had been soon suppressed But what He proposed took so little effect that in many months after there was nothing sent into Ireland but what the King Himself sent assisted by the Duke of Richmond before He came from Scotland unto Sir Rob. Steward which though it were little will be found to have done much service as may be seen by the said Sir Robert's voluntary Testimony given in writing to the Parliament Commissioners then attending the King at Stoak And certainly a greater Evidence for Constancy in Religion there cannot be than the King shewed in His Irish Treaty for in the time that He most needed Assistance it was in His Power to have made that Kingdom declare unanimously for Him and have had the whole Forces thereof employed in His Service if He would have granted their Demand in Points of Religion they not insisting on any thing of Civil Government which His Majesty might not have granted without prejudice to Regal Authority and this can be clearly proved by the Marquess of Ormond's Treaties with the Irish not without very good Evidence by some of the King's Letters to the Queen which were taken at Naseby that are purposely concealed lest they should too plainly discover the King's detestation of that Rebellion and His rigid firmness to the Protestant Profession Nor can I end this Point without remarking with wonder that Men should have so ill Memories as again to renew that old Slander of the King 's giving Passes to divers Papists and Persons of Quality who headed the Rebels of which He so cleared Himself that He demanded Reparation for it but could not have it albeit no shew of Proof could be produced for that Allegation as is most plainly to be seen in the first book of the Collection of all Remonstrances Declarations c. fol. 69 70. Thus having given a particular Answer to the most material Points in this Declaration the rest are such frivolous malicious and many of them groundless Calumnies that Contempt is the best Answer for them Yet one thing more I must observe that they not only endeavour to make Fables pass for currant Coyn but likewise seek to blind mens Judgements with false Inferences upon some Truths For Example it is true that the King hath said in some of His Speeches or Declarations That He oweth an Accompt of His Actions to none but God alone and that the Houses of Parliament joynt or separate have no Power either to make or declare any Law But that this is a fit foundation for all Tyranny I must utterly deny Indeed if it had been said that the King without the Two Houses of Parliament could make or declare Laws then there might be some strength in the Argument but before this Parliament it was never so much as pretended that either or both Houses without the King could make or declare any Law and certainly His Majesty is not the first and I hope will not be the last King of England that hath not held Himself Accomptable to any Earthly Power Besides it will be found that this His Majesty's Position is most agreeable to all Divine and Humane Laws so far it is from being Destructive to a Kingdom or a Foundation for Tyranny To conclude I appeal to God and the World whether it can be parallel'd by Example or warranted by Justice that any man should be slander'd yet denied the sight thereof and so far from being permitted to answer that if he have erred there is no way left him to acknowledge or mend it and yet this is the King 's present Condition who is at this time laid aside because He will not consent that the old Fundamental Laws of this Land be changed Regal Power destroyed nor His People submitted to a new Arbitrary Tyrannical Government III. His Majesty's Declaration concerning the Treaty and His dislike of the Armies Proceedings Nov. 22. MDCXLVIII Delivered by His Majesty to one of His Servants at His departure from the Isle of Wight and commanded to be published for satisfaction of all His Subjects WHen large pretences prove but the shadows of weak performance then the greatest labours produce the smallest effects and when a period is put to a work of great concernment all mens ears do as it were hunger till they are satisfied in their expectations Hath not this distracted Nation groaned a long time under the burthen of Tyranny and Oppression and hath not all the blood that hath been spilt these seven years been cast upon My head who am the greatest sufferer though the least guilty and was it not requisite to endeavour the stopping of that flux which if not stopt will bring an absolute destruction to this Nation And what more speedy way was there to consummate those distractions than by a Personal Treaty being agreed upon by My two Houses of Parliament and condescended to by Me And I might declare that I conceive it had been the best Physick had not the operation been hindred by the interposition of this imperious Army who were so audacious as to style Me in their unparallel'd Remonstrance their capital Enemy But let the World judge whether Mine endeavours have not been attended with reality in this late Treaty and whether I was not as ready to grant as they were to ask and yet all this is not satisfaction to them that pursue their own ambitious ends more than the welfare of a miserable Land Were not the dying hearts of My poor distressed People much revived with the hopes of a happiness from this Treaty and how suddenly are they frustrated in their expectations Have not I formerly been condemned for yielding too little to My two Houses of Parliament and shall I now be condemned for yielding too much Have I not formerly been imprisoned
it was part of my wonder that men whom I thought heretofore discreet and moderate should have undertaken this imployment and that since they came I having delivered them the Answer you have heard and commanded them to return personally with it to the Parliament they should have flatly disobeyed Me upon pretence of the Parliament's Command My end in telling you this is to warn you of them for since these men have brought me such a Message and disobeyed so lawful a Command I will not say what their intent of staying here is Only I bid you take heed not knowing what Doctrine of Disobedience they may preach to you under colour of obeying the Parliament Hitherto I have found and kept you quiet the enjoying of which was a chief cause of My coming hither Tumults and Disorders having made Me leave the South and not to make this a seat of War as Malice would but I hope in vain make you believe Now if Disturbances come I know whom I have reason to suspect To be short You see that my Magazine is going to be taken from me being my Own proper Goods directly against my will the Militia against Law and my Consent is going to be put in execution and lastly Sir Hotham's Treason is countenanced All this considered none can blame me to apprehend Dangers Therefore I have thought fit upon these real grounds to tell you that I am resolved to have a Guard the Parliament having had one all this while upon imaginary Jealousies only to secure my Person In which I desire your concurrence and assistance and that I may be able to protect you the Laws and the true Protestant Profession from any affront or injury that may be offered which I mean to maintain my self without charge to the Countrey intending not longer to keep them on foot than I shall be secured of my just apprehensions by having satisfaction in the particulars before mentioned XLI To the Inhabitants of Nottinghamshire at NEWARK July 4. MDCXLII GEntlemen Your honest Resolutions and Affections to Me and your Country for the defence of My Person and the Laws of the Land have been and are so notable that they have drawn Me hither only to thank you I go to other places to confirm and undeceive my Subjects but am come hither only to thank and incourage you You have made the best judgment of happiness by relying on that Foundation which the experience of so many hundred years hath given such proof of The Assurance and Security of the Law And assure your selves when Laws shall be altered by any other Authority than that by which they were made your Foundations are destroyed and though it seems at first but to take away my Power it will quickly swallow all your Interest I ask nothing of you though your demeanure gives Me good evidence that you are not willing to deny but to preserve your own affections to the Religion and Laws established I will justifie and protect those affections and will live and die with you in that quarrel XLII To the Inhabitants of Lincolnshire at LINCOLN July 15. MDCXLII GEntlemen If I could have suspected your Affections or have censured the Duty of this County by some late Actions in it I should not have taken this pains to have given you a testimony of my Affection to you and to remove those Objections which being raised by a Malignant party may by their cunning and industry get credit even with honest minds The truth is I come to you to assure you of My purposes and Resolutions for the defence of whatever is and should be dear unto you your Religion your Liberty your common Interest and the Laws of the Land and to undeceive you of that opinion which I hear hath mis-led many of you that the pretended Ordinance of the Militia is warranted by my Consent and Authority As I have already informed you by my several Declarations and Messages that the same is against the known Law and an invasion of my unquestionable Right and of your Liberty and Property so I do now declare unto you that the same is imposed upon you against my express Consent and in contempt of my Regal Authority And therefore whosoever shall henceforth presume to execute or obey the same I shall proceed against them as against such who promote Rebellion and actually levy War against Me. And I doubt not but you will sadly consider that if any Authority without and against my Consent may lawfully impose such burthens upon you it may likewise take away all that you have from you and subject you to their lawless Arbitrary Power and Government And how far they are like to exercise that jurisdiction towards you you may guess by the insolence of Sir John Hotham at Hull who being a Subject not only presumes to keep his Sovereign by force of Arms out of His Town but murthers his fellow-Subjects imprisons them burns their houses drowns their land takes them captive and commits such Outrages and acts of Hostility as the most unequal and outragious Enemies practise in any Country That you may see how impossible it is for your Liberties and Properties to be preserved when your King is oppressed and His just Rights taken from Him Who hath brought these Calamities upon your Neighbours at Hull every man sees and they only can bring the same upon you I will not believe you to be so insensible of the benefits you have received from Me that I need put you in mind of the Gracious Acts passed by Me this Parliament on your behalfs And if there be any thing wanting to the making you the happiest Subjects in the world I am sure it is not My fault that you have not that too Be not deceived with words and general expressions It is not in your power to name one particular which might make you happy that I have refused to grant Be not frighted with apprehensions that this Country is like to be the seat of War The seat of a War will be only where persons rise in Rebellion against Me that will not I hope be here and then you shall be sure of My Protection I will live and dye in your defence And that you may be in a readiness and a posture to defend your selves and Me against any Invasion or Rebellion I have armed several Persons of Honor Quality and Reputation amongst you and of your own Country with a Commission of Array to that purpose There is no honest end declared in that Ordinance which is not provided for by this Commission which being according to the old known Law is fit for your obedience and I doubt not but you will find it In a word I assure you upon the Faith and Honor of a Christian King I will be always as tender of any thing which may advance the true Protestant Religion protect and preserve the Laws of the Land and defend the just Privilege and Freedom of Parliament as of My Life or
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
concerned But the Duty I owe to God in the preservation of the true Liberty of My People will not suffer Me at this time to be silent For how can any free-born Subject of England call Life or any thing he possesseth his own if Power without Right daily make new and abrogate the old Fundamental Law of the Land which I now take to be the present Case Wherefore when I came hither I expected that you would have endeavoured to have satisfied Me concerning these grounds which hinder Me to answer to your pretended Impeachment But since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot Judge Me nor indeed the meanest man in England For I will not like you without shewing a Reason seek to impose a belief upon My Subjects There is no proceeding just against any man but what is warranted either by God's Laws or the Municipal Laws of the Countrey where he lives Now I am most confident this dayes proceeding cannot be warranted by God's Law for on the contrary the authority of Obedience unto Kings is clearly warranted and strictly commanded both in the Old and new Testament which if denyed I am ready instantly to prove And for the question now in hand there it is said That where the Word of a King is there is Power and who may say unto him What dost thou Eccl. 8. 4. Then for the Law of this Land I am no less confident that no learned Lawyer will affirm that an Impeachment can lye against the King they all going in His Name and one of their Maxims is That the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what Authority warranted by the Fundamental Laws of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it self as is well known to all Lawyers I leave to God and the world to judge And it were full as strange that they should pretend to make Laws without King or Lords House to any that have heard speak of the Laws of England And admitting but not granting that the People of England's Commission could grant your pretended Power I see nothing you can shew for that for certainly you never asked the question of the tenth man in the Kingdom and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so far are you from having it Thus you see that I speak not for My own Right alone as I am your King but also for the true Liberty of all My Subjects which consists not in the power of Government but in living under such Laws such a Government as may give themselves the best assurance of their Lives and propriety of their Goods Nor in this must or do I forget the Privileges of both Houses of Parliament which this days Proceedings do not only violate but likewise occasion the greatest breach of their publick Faith that I believe ever was heard of with which I am far from charging the two Houses for all pretended Crimes laid against Me bear Date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the Houses agreement thereunto I was suddenly surprized and hurried from thence as a Prisoner upon which account I am against My will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdom together with My own just Right Then for any thing I can see the Higher House is totally excluded And for the House of Commons it is too well known that the major part of them are detained or deterred from sitting so as if I had no other this were sufficient for Me to protest against the Lawfulness of your pretended Court. Besides all this the Peace of the Kingdom is not the least in My thoughts and what hopes of Settlement is there so long as Power reigns without Rule or Law changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years nor will I say what will fall out in case this Lawless unjust proceeding against Me do go on And believe it the Commons of England will not thank you for this Change for they will remember how happy they have been of late years under the Reign of Queen Elizabeth the King My Father and My self until the beginning of these unhappy Troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Arms I took up were only to defend the Fundamental Laws of this Kingdom against those who have supposed My Power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the Trust which I have from God for the Welfare and Liberty of My People I expect from you either clear Reasons to convince My Judgment shewing Me that I am in an Error and then truly I will answer or that you will withdraw your proceedings This I intended to speak in Westminster-Hall on Monday 22. January but against Reason was hindred to shew My Reasons Westminster-Hall Tuesday Jan. 23. Afternoon O Yes made Silence commanded The Court called Seventy one present The King brought in by the Guard looks with a Majestick Countenance upon his pretended Judges and sits down After the second O yes and Silence commanded Cooke began more insolently May it please your Lordship my Lord President this is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar before any Issue joyned in the Cause My Lord I did at the first Court exhibite a Charge against him containing the Highest Treason that ever was wrought upon the Theatre of England That a King of England trusted to keep the Law that had taken an Oath so to do that had Tribute pay'd him for that end should be guilty of a wicked Design to subvert and destroy our Laws and introduce an Arbitrary and Tyrannical Government in the defence of the Parliament and their Authority set up his Standard for War against the Parliament and People and I did humbly pray in the behalf of the People of England that he might speedily be required to make an Answer to the Charge But My Lord in stead of making any Answer he did then dispute the Authority of this High
Court Your Lordship was pleased to give him a further day to consider and to put in his Answer which day being yesterday I did humbly move that he might be required to give a direct and positive Answer either by denying or confession of it But my Lord he was then pleased for to demur to the Jurisdiction of the Court which the Court did then over-rule and command him to give a direct and positive Answer My Lord besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgment against him My Lord I might press your Lordship upon the whole that according to the known rules of the Law of the Land That if a Prisoner shall stand as contumacious in contempt and shall not put in an issuable Plea guilty or not guilty of the Charge given against him whereby he may come to a fair Tryal that as by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar has done But besides my Lord I shall humbly press your Lordship upon the whole fact The House of Commons the Supreme Authority and Jurisdiction of the Kingdom they have declared That it is notorious that the matter of the Charge is true as it is in truth my Lord as clear as Crystal and as the Sun that shines at noon day which if your Lordship and the Court be not satisfied in I have notwithstanding on the People of England's behalf several Witnesses to produce And therefore I do humbly pray and yet I must confess it is not so much I as the innocent blood that hath been shed the Cry whereof is very great for Justice and Judgment and therefore I do humbly pray that speedy Judgment be pronounced against the Prisoner at the Bar. Bradshaw went on in the same strain Sir you have heard what is moved by the Counsel on the behalf of the Kingdom against you Sir you may well remember and if you do not the Court cannot forget what dilatory dealings the Court hath found at your hands You were pleased to propound some Questions you have had your Resolution upon them You were told over and over again that the Court did affirm their own Jurisdiction That it was not for you nor any other man to dispute the Jurisdiction of the supreme and highest Authority of England from which there is no Appeal and touching which there must be no dispute yet you did persist in such carriage as you gave no manner of Obedience nor did you acknowledge any authority in them nor the High Court that constituted this Court of Justice Sir I must let you know from the Court that they are very sensible of these delays of yours and that they ought not being thus authorized by the supreme Court of England to be thus trifled withal and that they might in Justice if they pleased and according to the rules of Justice take advantage of these delays and proceed to pronounce Judgment against you yet nevertheless they are pleased to give direction and on their behalfs I do require you that you make a positive Answer unto this Charge that is against you Sir in plain terms for Justice knows no respect of Persons you are to give your positive and final Answer in plain English whether you be guilty or not guilty of these Treasons laid to your Charge The King after a little pause said When I was here yesterday I did desire to speak for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not Bradshaw Sir you have had the Resolution of the Court upon the like Question the last day and you were told That having such a Charge of so high a nature against you your work was that you ought to acknowledge the Jurisdiction of the Court and to answer to your Charge Sir if you answer to your Charge which the Court gives you leave now to do though they might have taken the advantage of your Contempt yet if you be able to answer to your Charge when you have once answered you shall be heard at large make the best Defence you can But Sir I must let you know from the Court as their Commands that you are not to be permitted to issue out into any other discourses till such time as you have given a positive Answer concerning the matter that is charged upon you KING For the Charge I value it not a rush It is the Liberty of the People of England that I stand for For Me to acknowledge a new Court that I never heard of before I that am your King that should be an Example to all the People of England for to uphold Justice to maintain the old Laws indeed I do not know how to do it You spoke very well the first day that I came here on Saturday of the Obligations that I had laid upon Me by God to the maintenance of the Liberties of My People the same Obligation you spake of I do acknowledge to God that I owe to Him and to My People to defend as much as in Me lies the ancient Laws of the Kingdom therefore until that I may know that this is not against the Fundamental Laws of the Kingdom by your favour I can put in no particular Charge If you will give Me time I will shew you My Reasons why I cannot do it and this Here being interrupted He said By your favour you ought not to interrupt Me. How I came here I know not there 's no Law for it to make your King your Prisoner I was in a Treaty upon the Publick Faith of the Kingdom that was the known two Houses of Parliament that was the Representative of the Kingdom and when that I had almost made an end of the Treaty then I was hurried away and brought hither and therefore Bradshaw Sir you must know the pleasure of the Court. KING By your favour Sir Bradshaw Nay Sir by your favour you may not be permitted to fall into those discourses you appear as a Delinquent you have not acknowledged the Authority of the Court The Court craves it not of you but once more they command you to give your positive Answer Clerk Do your Duty KING Duty Sir The Clerk reads Charles Stuart King of England you are accused in the behalf of the Commons of England of divers high Crimes and Treasons which Charge hath been read unto you the Court now requires you to give your positive and final Answer by way of Confession or Denial of the Charge KING Sir I say again to you so that I might give satisfaction to the People of England of the clearness of My Proceeding not by way of Answer not in this way but to satisfie them that I have done nothing against that Trust that hath been committed to Me I would do it but to acknowledge a new Court against their
not My fashion wherefore to conclude what I offered the last day to the House of Commons I think is well known to you all as likewise how they accepted it which I desire not to remember but wish that they had remembred how at first they were told in My Name by my Lord Keeper That delay was the worst kind of denial Yet I will not lay this fault on the whole House for I will not judge so uncharitably of those whom for the most part I take to be Loyal and well-affected Subjects but that it hath been the malicious cunning of some few seditiously-affected men that hath been the cause of this Misunderstanding I shall now end as I began in giving your Lordships thanks for your affection shewn to Me at this time desiring you to go on to assist me in the maintaining of that Regal power that is truly Mine and as for the Liberty of the People that they now so much seem to startle at know My Lords that no King in the world shall be more careful to maintain them in the Property of their Goods Liberty of their Persons and true Religion than I shall be And now My Lord Keeper do what I have commanded you Then the Lord Keeper added My Lords and you Gentlemen of the House of Commons The King's Majesty doth dissolve this Parliament BY all the proceedings herein declared it is evident to all men how willing and desirous his Majesty hath been to make use of the ancient and noble way of Parliament used and instituted by his Royal Predecessors for the preservation and honour of this famous Monarchy and that on his Majestie 's part nothing was wanting that could be expected from a King whereby this Parliament might have had an happy conclusion for the comfort and content of all his Majesties Subjects and for the good and safety of this Kingdom On the contrary it is apparent how those of the House of Commons whose sinister and malitious courses enforced his Majesty to dissolve this Parliament have vitiated and abused that ancient and noble way of Parliament perverting the same to their own unworthy ends and forgetting the true use and institution of Parliaments For whereas these meetings and assemblies of his Majesty with the Peers and Commons of this Realm were in their first original and in the practice of all succeeding ages ordained and held as pledges and testimonies of Affection between the King and his People the King for his part graciously hearing and redressing such Grievances as his People in humble and dutiful manner should represent unto Him and the Subjects on their part as Testimonies of their Duty supplying His Majesty upon all extraordinary occasions for the support of his Honour and Soveraignty and for preserving the Kingdom in glory and safety those ill-affected Members of the House of Commons instead of an humble and dutiful way of presenting their Grievances to his Majesty have taken upon them to be the Guiders and Directors in all matters that concern his Majestie 's Government both Temporal and Ecclesiastical and as if Kings were bound to give an account of their Regal Actions and of their manner of Government to their Subjects assembled in Parliament they have in a very audacious and insolent way entred into examination and censuring of the present Government traduced his Majestie 's administration of Justice rendred as much as in them lay odious to the rest of his Majestie 's Subjects not only the Officers and Ministers of State but even his Majestie 's very Government which hath been so just and gracious that never did this or any other Nation enjoy more Blessings and Happiness than hath been by all his Majestie 's Subjects enjoyed ever since his Majestie 's access to the Crown nor did this Kingdom ever so flourish in Trade and Commerce as at this present or partake of more Peace and Plenty in all kinds whatsoever And whereas the ordinary Revenues of the Crown not sufficing to defray extraordinary charges it hath ever been the usage in all Parliaments to aid and assist the Kings of this Realm with free and fitting supply towards the maintenance of their Wars and for making good their Royal undertakings whereby the Kingdom intrusted to their protection might be held up in splendor and greatness those ill-affected persons of the House of Commons have been so far from treading in the steps of their Ancestors by their dutiful expressions in this kind that contrarily they have introduced a way of bargaining and contracting with the King as if nothing ought to be given Him by them but what He should buy and purchase of them either by quitting somewhat of His Royal Prerogative or by diminishing and lessening His Revenues Which courses of theirs how repugnant they are to the duty of Subjects how unfit for His Majesty in Honour to permit and suffer and what hazard and dishonour they subject this Kingdom to all men may easily judge that will but equally and impartially weigh them His Majesty hath been by this means reduced to such streights and extremities that were not His care of the Publick good and safety the greater these men as much as in them lies would quickly bring ruine and confusion to the State and render contemptible this glorious Monarchy But this frowardness and undutiful behaviour of theirs cannot lessen His Majestie 's care of preserving the Kingdoms intrusted to His Protection and Government nor His gracious and tender affection to His people for whose good and comfort His Majesty by God's gracious assistance will so provide that all His loving Subjects may still enjoy the happiness of living under the blessed shade and protection of His Royal Scepter In the mean time to the end all His Majestie 's loving Subjects may know how graciously His Majesty is enclined to hear and redress all the just Grievances of His People as well out of Parliament as in Parliament His Majesty doth hereby further declare His Royal will and pleasure that all His loving Subjects who have any just cause to present or complain of any Grievances or Oppressions may freely address themselves by their humble Petitions to His Sacred Majesty who will graciously hear their complaints and give such fitting redress therein that all His people shall have just cause to acknowledge His Grace and Goodness towards them and to be fully satisfied that no persons or assemblies can more prevail with His Majesty than the Piety and Justice of His own Royal nature and the tender affection He doth and shall ever bear to all His people and loving Subjects THE PARABLE OF IOTHAN IUD 9 And the Bramble sayd unto the Trees If in truth ye anoint me King over you then come and put your trust in my shadow and if not let Fire come out of the Bramble and devour the Cedars of Lebanon Iudg. 9. v. 15. Imperium Flagitio acquisitum nemo unquam bonis Artibus exercuit Tacit. Hist. lib. 1. i. e. NO man ever
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
they please to call it of the tenth of June will surely believe the Peace of this Kingdom to be extreamly shaken and at least the King himself to be consulted with and privy to these Propositions But We hope that when Our good Subjects shall find that this goodly pretence of the Defence of the King is but a specious bait to seduce weak and inconsiderate men into the highest Acts of Disobedience and Disloyalty against Us and of Violence and Destruction upon the Laws and Constitutions of the Kingdom they will no longer be captivated by an implicite Reverence to the name of both Houses of Parliament but will carefully examine and consider what number of persons are present and what persons are prevalent in those Consultations and how the Debates are probably managed from whence such horrid and monstrous Conclusions do result and will at least weigh the Reputation Wisdom and Affection of those who are notoriously known out of the very horrour of their Proceedings to have withdrawn themselves or by their skill and violence to be driven from them and their Counsels Whilst their Fears and Jealousies did arise or were infused into the people from Discourses of the Rebels in Ireland of Skippers at Roterdam of Forces from Denmark France or Spain how improbable and ridiculous soever that bundle of Informations appeared to all wise and knowing men it is no wonder if the easiness to deceive and the willingness to be deceived did prevail over many of Our weak Subjects to believe that the Dangers which they did not see might proceed from Causes which they did not understand But for them to declare to all the world That We intend to make War against Our Parliament whilest We sit still complaining to God Almighty of the Injury offered to Us and to the very Being of Parliaments and that We have already begun actually to levy Forces both of Horse and Foot whilest We have only in a Legal way provided a smaller Guard for the security of Our own Person so near a Rebellion at Hull than they have had without lawful Authority above these eight Months upon imaginary and impossible Dangers to impose upon Our peoples Sense as well as Understanding by telling them We are doing that which they see We are not doing and intending that they all know as much as Intentions can be known We are not intending is a boldness agreeable to no power but the Omnipotence of those Votes whose absolute Supremacy hath almost brought Confusion upon King and People and against which no Knowledge in matter of Fact or Consent and Authority in matter of Law they will endure shall be opposed We have upon all occasions with all possible Expressions professed Our fast and unshaken Resolutions for Peace And We do again in the presence of Almighty God Our Maker and Redeemer assure the World that We have no more thought of making a War against Our Parliament than against Our own Children that We will maintain and observe the Acts assented to by Us this Parliament without Violation of which that for the frequent assembling of Parliaments is one and that We have not or shall not have any thought of using any force unless We shall be driven to it for the security of Our Person and for the defence of the Religion Laws and Liberty of the Kingdom and the just Rights and Privileges of Parliament And therefore We hope the Malignant Party who have so much despised Our Person and usurped Our Office shall not by their specious fraudulent insinuations prevail with Our good Subjects to give credit to their wicked Assertions and so to contribute their Power and Assistance for the ruine and destruction of Us and themselves For Our Guard about Our Person which not so much their Example as their Provocation inforced Us to take 't is known it consists of the prime Gentry in Fortune and Reputation of this County and of one Regiment of Our Trained Bands who have been so far from offering any Affronts Injuries or Disturbance to any of Our good Subjects that their principal end is to prevent such and so may be Security can be no Grievance to our People That some ill affected persons or any persons have been employed in other parts to raise Troops under colour of Our Service or have made large or any offers of Reward and Preferment to such as will come in is for ought We know and as We believe an Untruth devised by the Contrivers of this false Rumour We disavow it and are confident there will be no need of such Art or Industry to induce Our loving Subjects when they shall see Us oppressed and their Liberties and Laws confounded and till then We shall not call on them to come in to Us and to assist Us. For the Delinquents whom We are said with a high and forcible hand to protect let them be named and their Delinquency and if We give not satisfaction to Justice when We shall have received satisfaction concerning Sir John Hotham by his legal Trial then let Us be blamed But if the Design be as it is well known to be after We have been driven by force from Our City of London and kept by force from Our Town of Hull to protect all those who are Delinquents against Us and to make all those Delinquents who attend on Us or execute Our lawful Commands We have great reason to be satisfied in the Truth and Justice of such Accusation lest to be Our Servant and to be a Delinquent grow to be terms so convertible that in a short time We be left as naked in Attendance as they would have Us in Power and so compel Us to be waited on only by such whom they shall appoint and allow and in whose presence We should be more miserably alone than in Desolation it self And if the seditious Contrivers and Fomenters of this Scandal upon Us shall have as they have had the power to mis-lead the major part present of either or both Houses to make such Orders and send such Messages and Messengers as they have lately done for the apprehension of the great Earls and Barons of England as if they were Rogues or Felons and whereby Persons of Honour and Quality are made Delinquents merely for attending upon Us and upon Our Summons whilst other men are forbid to come near Us though obliged by the Duty of their Places and Oaths upon Our lawful Commands 't is no wonder if such Messengers are not very well intreated and such Orders not obeyed Neither can there be a surer and a cunninger way found out to render the Authority of both Houses scorned and vilified than to assume to themselves merely upon the Authority of the Name of Parliament a power monstrous to all Understandings and to do Actions and to make Orders evidently and demonstrably contrary to all known Law and Reason as to take up Arms against Us under colour of defending Us to cause Money to be brought in to
Our Court at York this 15. of June 1642. The Declaration and Profession of the Lords now at York and others of His Majesty's most Honourable Privy Council disavowing that they see any apparence of Preparations or Intentions in His Majesty to levy War against the Parliament WE whose names are under-written in Obedience to His Majesty's Desire and out of the Duty which we owe to His Majesty's Honour and to Truth being here upon the place and witnesses of His Majesty's frequent and earnest Declarations and Professions of His abhorring all Designs of making War upon His Parliament and not seeing any colour of Preparations or Counsels that might reasonably beget the belief of any such Design do profess before God and testifie to all the World that we are fully perswaded that His Majesty hath no such Intentions but that all His Endeavours tend to the firm and constant settlement of the true Protestant Religion the just Privileges of Parliament the Liberty of the Subject the Law Peace and Prosperity of this Kingdom York June 15. 1642. Subscribed by Lord Keeper L. D. of Richmond L. Marquess Hartford L. Great Chamberlain E. of Cumberland E. of Bath E. of Southampton E. of Dorset E. of Salisbury E. of Northampton E. of Devon E. of Cambridge E. of Bristol E. of Clare E. of Westmorland E. of Berkshire E. of Monmouth E. of Rivers E. of Dover E. of Carnarven E. of Newport L. Mowbray Maltravers L. Willoughby L. Grey of Ruthen L. C. Howard Andover L. Lovelace L. Paget L. Falconberge L. Rich. L. Paulet L. Newark L. Coventry L. Savile L. Mohun L. Dunsmore L. Seymour L. Capel L. Falkland Mr. Comptroller Mr. Secretary Nicholas Mr. Chancel of the Exchequer L. Chief Justice Banks MDCXLII June 8. By the King A Proclamation forbidding all Levies of Forces without his MAJESTY's express Pleasure signified under His Great Seal and all Contributions or Assistance to any such Levies WHereas under pretence that We intend to make War against the Parliament the contrary whereof is notoriously known to all that are here and as We hope by this time apparent to all other Our Subjects as well by Our Declaration of the sixteenth of June as by the Testimony of all Our Nobility and Council who are here upon the place and by colour of the Authority of both Houses of Parliament a major part whereof are now absent from London by the contrivance of some few evil persons disguising and colouring their pernicious Designs and hostile Preparations under the plausible names of the preservation of publick Peace and defence of Vs and both Houses of Parliament from Force and violence it hath been endeavoured to raise Troops of Horse and other Forces And for that purpose they have prevailed not only to prohibit Our own Moneys to be paid to Us or to Our use but by the Name and Authority of Parliament to excite Our Subjects to contribute their Assistance to them by bringing in Moneys Plate or under-writing to furnish and maintain Horses Horsemen and Arms and to that purpose certain Propositions or Orders as they are styled by them have been printed whereby they have endeavoured to engage the Power and Authority of Parliament as if the two Houses without Us had that Power and Authority to save harmless all those that shall so contribute from all Prejudice and Inconvenience that may befall them by occasion thereof And although We well hope that these Malignant persons whose Actions do now sufficiently declare their former Intentions will be able to prevail with few of Our good People to contribute their Power or Assistance unto them Yet lest any of Our Subjects taking upon trust what those men affirm without weighing the grounds of it or the danger to Us themselves and the Commonwealth which would ensue thereupon should indeed believe what these persons would insinuate and have them to believe that such their Contribution and Assistance would tend to the preservation of the publick Peace and the Defence of Us and both Houses of Parliament and that thereby they should not incur any danger We that We might not be wanting as much as in Us lyeth to foreshew and to prevent the danger which may fall thereupon have hereby thought good to declare and publish unto all Our loving Subjects That by the Laws of the Land the power of raising of Forces or Arms or levying of War for the defence of the Kingdom or otherwise hath always belonged to Us and to Us only and that by no Power of either or both Houses of Parliament or otherwise contrary to Our personal Commands any Forces can be raised or any War levied And therefore by the Statute of the seventh year of Our famous Progenitor King Edward the First whereas there had been then some variances betwixt Him and some great Lords of the Realm and upon Treaty thereupon it was agreed that in the next Parliament after provision should be made that in all Parliaments and all other Assemblies which should be in the Kingdom for ever every man should come without Force and Armour well and peaceably yet at the next Parliament when they met together to take advice of this Business though it concerned the Parliament it self the Lords and Commons would not take it upon them but answered That it belonged to the King to defend force of Armour and all other force against the Peace at all times when it pleased Him and to punish them which should do contrary according to the Laws and Usages of the Realm and that they were bound to aid Him as their Sovereign Lord at all seasons when need should be And accordingly in Parliament in after-times the King alone did issue His Proclamations prohibiting bearing of Arms by any person in or near the City where the Parliament was excepting such of the Kings Servants as He should depute or should be deputed by His Commandment and also excepting the Kings Ministers And by the Statute of Northampton made in the second year of King Edward the Third it is enacted That no man of what condition soever he be except the Kings Servants in His presence and His Ministers in executing the Kings Precepts or of their Office and such as be in their company assisting them go nor ride armed by night or day in Fairs Markets nor in the presence of the Justices or other Ministers nor in no part elsewhere And this power of raising Forces to be solely in the King is so known and inseparable a Right to the Crown that when in the Reign of King Henry the Eighth there being a sudden Rebellion the Earl of Shrewsbury without Warrant from the King did raise Arms for the suppression thereof and happily suppressed it yet was he forced to obtain his Pardon And whereas the Duke of Gloucester and other great Lords in the eleventh year of King Richard the Second upon pretence of the good of the King and Kingdom the King being then not of age and led away as
they alledged by evil Counsellors did raise Forces and by them mastered their Adversaries in that Parliament such as it was for it was held and kept with force how good use soever hath been made of the Precedents therein they procured a special Act of Pardon for their raising of Men and that those Assemblies should not be drawn into example for the time to come And as no Man can levy War or raise Forces without the King so much less against the personal Commands of the King opposed thereunto For by the Statute of the 25. year of King Edward the Third which is but declaratory of the old Law in that point it is Treason to levy War against the King in His Realm Within the construction of which Statute it is true which was said in the late Declaration under the name of both Houses of Parliament of the 26. of May last levying War in some sense against the King's Authority though not intended against His Person is levying War against the King And therefore the raising of Forces though upon pretence of removing of some evil Counsellors from about the Queen hath been adjudged Treason in the Case of the late Earl of Essex in the Reign of Queen Elizabeth and in divers other Cases And We wish all Our Subjects to consider whether if Men shall be raised contrary to Our Proclamation and against Our Will it be not against Our Authority But it is as true and was never denied but in that Declaration that the raising of Forces against the King's personal Command being no Ideot nor Infant uncapable of understanding to Command being accompanied with His Presence is and is most properly levying of War against the King For if it be a sufficient pretence for raising of Men against the King's Person that it is for the defence of the King's Authority and of His Kingdom though against His express Command and Proclamation the Irish Rebels will have colour for their horrid Rebellion for they say though it be notoriously false it is for the defence of the King's Authority and of His Kingdom And Wat Tyler and Jack Cade and Kett the Tanner wanted not publick Pretences which were perhaps just causes of Complaints though not of raising of Men. And though these persons have gone about subtilly to distinguish betwixt Our Person and Our Authority as if because Our Authority may be where Our Person is not that therefore Our Person may be where Our Authority is not We require all Our good Subjects to take notice of the Law which is in print and full force That their Allegiance is due unto the natural Person of their Prince and not to His Crown or Kingdom distinct from His natural Capacity and that by the Oath of Ligeance at the Common Law which all persons above the age of twelve years are or ought to be sworn unto they are bound to be true and faithful not to the King only as King but to Our Person as King CHARLES and to bear Us truth and faith of Life and Member and earthly Honour and that they shall neither know nor hear of any ill or damage intended to Us that they shall not defend And that when in the time of King Edward the Second Hugh Spencer being discontented with the King caused a Bill to be written wherein was contained amongst other things That Homage and the Oath of Allegiance was more by reason of the King's Crown that is His Kingdom than of His Person and that seeing the King cannot be reformed by suit of Law if the King will not redress and put away that which is ill for the Common People and hurtful to the Crown that the thing ought to be put away by force and that His Lieges be bound to Govern in aid of Him and in default of Him he was condemned for it by two Parliaments and perpetually banished the Kingdom We have made mention of these Cases not so much to clear Our Right that We alone have the power of raising Forces and none of Our Subjects either in Parliament or out of Parliament against Our Will or personal Command which We think no Man that hath the least knowledge in Our Laws and is not led away by private Interests and may speak his mind freely will deny nor was ever questioned in any Parliament before this time as to let them see how dangerous the effect and consequence of raising of Forces without Us may be unto Us and to the Commonwealth under pretence of Defence of both And though We cannot doubt of the Affections of Our good Subjects considering their Interest is involved with Ours and how precious the Peace of the Kingdom is and ought to be unto them and that according to the words of the Statute of the eleventh year of King Henry the Seventh and the eighteenth Chapter by the duty of their Allegiance they are bounden to serve and assist Us at all seasons when need shall require Yet to the end that Our good Subjects may know what their Duty is and what We expect from them and that all others who through Malice or private Interests shall be transported beyond their Duties may be left without excuse We do therefore by this Our Proclamation charge and command all Our Subjects upon their Allegiance and as they tender Our Honour and Safety and the Peace and Safety of the Kingdom that they presume not to raise or levy any Horses Horsmen or Arms or any Forces whatsoever by colour of any Authority whatsoever without Our express pleasure signified under Our great Seal other than such as shall be raised levied and imprested by the Order as well of Our Self as of both Houses of Parliament according to an Act made this Sessions intituled An Act for the better raising and levying of Soldiers for the present defence of the Kingdoms of England and Ireland by Justices of Peace and otherwise in such manner as is prescribed in the said Act or Contribute or give any Assistance in Money Plate finding of Horses Horsmen or Arms or any other ways to or for any such Preparation Levie or Forces And that such of Our good Subjects who through Ignorance have been mis-led to consent or subscribe to any such Levie Contribution or Assistance forthwith upon publication of this Our Proclamation desist from continuing such their Contribution or Assistance or giving any countenance to any such Levies at their utmost perils And We do likewise streightly charge and command as well all Our Sheriffs Justices of Peace Mayors Balliffs Constables and all other Our Officers whatsoever that they use their utmost endeavours as well for publishing this Our Proclamation as for the suppressing of all Levies or Forces raised or to be raised without or against Our consent as also all other Our loving Subjects that they be attending aiding and assisting Our said Officers and Ministers therein as they and every of them will answer it at their utmost perils Given at Our Court at York
the eighteenth day of June in the eighteenth year of Our Reign 1642. Votes of the Lower House for raising an Army against the KING Die Martis 12 Julii 1642. Resolved upon the Question THAT an Army shall be forthwith raised for the Safety of the King's Person defence of both Houses of Parliament and of those who have obeyed their Orders and Commands and preserving of the true Religion the Laws Liberty and Peace of the Kingdom Resolved upon the Question That the Earl of Essex shall be the General Resolved upon the Question That this House doth declare that in this Cause for the Safety of the King's Person defence of both Houses of Parliament and of those who have obeyed their Orders and Commands and preserving of the true Religion the Laws Liberty and Peace of the Kingdom they will live and die with the Earl of Essex whom they have nominated General in this Cause MDCXLII Aug. 8. A Declaration of the Lords and Commons for raising of Forces against the KING Together with His MAJESTY'S Declaration in Answer to the same A Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands as others in several Counties of this Kingdom to lead against all Traitors and their Adherents and them to Arrest and Imprison and to Fight with Kill and Slay all such as shall oppose any of His Majesty's loving Subjects that shall be imployed in this Service by either or both Houses of Parliament WHereas certain Information is given from several parts of the Kingdom That divers Troops of Horse are imployed in sundry Counties of the Kingdom and that others have Commission to raise both Horse and Foot to compel His Majesty's Subjects to submit to the Illegal commission of Array out of a Traiterous intent to subvert the Liberty of the Subject and the Law of the Kingdom and for the better strengthening themselves in this wicked attempt do joyn with the Popish and Jesuitical Faction to put the Kingdom into a Combustion and Civil War by levying Forces against the Parliament and by these Forces to alter the Religion and the Antient Government and lawful Liberty of the Kingdom and to introduce Popery and Idolatry together with an Arbitrary Form of Government and in pursuance thereof have Traitorously and Rebelliously levied War against the King and by force robb'd spoil'd and slain divers of His Majesty's good Subjects travelling about their lawful and necessary occasions in the King's Protection according to Law and namely that for the end and purpose aforesaid the Earl of Northampton the Lord Dunsmore Lord Willoughby of Eresby Son to the Earl of Lindsey Henry Hastings Esquire and divers other unknown persons in the Counties of Lincoln Nottingham Leicester Warwick Oxford and other places the Marquess of Hartford the Lord Paulet Lord Seymour Sir John Stawel Sir Ralph Hopton John Digby Esquire and other their Accomplices have gotten together great Forces in the County of Somerset The Lords and Commons in Parliament duly considering the great Dangers which may ensue upon such their wicked and traitorous Designs and if by this means the Power of the Sword should come into the hands of Papists and their Adherents nothing can be expected but the miserable ruine and desolation of the Kingdom and the bloody massacre of the Protestants they do Declare and Ordain That it is and shall be lawful for all His Majesty's loving Subjects by force of Arms to resist the said several Parties and their Accomplices and all other that shall raise or conduct any other Forces for the ends aforesaid and that the Earl of Essex Lord General with all his Forces raised by the Authority of Parliament as likewise the Lord Say Lieutenant of Oxfordshire Earl of Peterborough Lieutenant of Northamptonshire Lord Wharton Lieutenant of Buckinghamshire Earl of Stamford Lieutenant of Leicestershire Earl of Pembroke Lieutenant of Wiltshire and Hampshire Earl of Bedford Lieutenant of Somersetshire and Devon Lord Brook Lieutenant of Warwickshire the Lord Cranborne Lieutenant of Dorsetshire the Lord Willoughby of Parham Lieutenant of Lincolnshire and all those who are or shall be appointed by Ordinance of both Houses to perform the place of Deputy-Lieutenants and their Deputy-Lieutenants respectively Denzil Hollis Esquire Lieutenant of the City and County of Bristol and the Mayors and Sheriffs of the City and Deputy-Lieutenants there and all other Lieutenants of Counties Sheriffs Mayors Deputy-Lieutenants shall raise all their Power and Forces of their several Counties as well Trained Bands as others and shall have power to conduct and lead the said Forces of the said Counties against the said Traitors and their Adherents and with them to fight kill and slay all such as by force shall oppose them and the Persons of the said Traitors and their Adherents and Accomplices to Arrest and Imprison and them to bring up to the Parliament to answer these their Traiterous and Rebellious Attempts according to Law and the same or any other Forces to transport and conduct from one County to another in aid and assistance one of another and of all others that shall joyn with the Lords and Commons in Parliament for the defence of the Religion of Almighty God and of the Liberties and Peace of the Kingdom and in pursuit of those wicked and Rebellious Traitors the Conspirators Aiders and Abettors and Adherents requiring all Lieutenants of Counties Sheriffs Mayors Justices of Peace and other His Majesty's Officers and loving Subjects to be aiding and assisting to one another in the Execution hereof And for so doing all the parties above-mentioned and all others that shall joyn with them shall be justified defended and secured by the Power and Authority of Parliament Die Lunae Aug. 8. 1642. Ordered that this Declaration be forthwith Printed and Published Hen. Elsinge Cler. Parl. D. Com. His MAJESTY's Declaration in Answer to a Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands c. AS much experience as We have had of the inveterate Rancour and high Insolence of the Malignant Party against Us We never yet saw any expression come from them so evidently declaring it as the Declaration entituled A Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands as others in several Counties of this Kingdom to lead against all Traitors and their Adherents c. In which that Faction hath as it were distilled and contracted all their Falshood Insolence and Malice there being in it not one period which is not either Slanderous or Treasonable And nothing can more grieve Us than that by their infinite Arts and Subtilty employed by their perpetual and indefatigable Industry and by that Rabble of Brownists and other Schismaticks declaredly ready to appear at their Call they should have been able so to draw away some and drive away others of Our good Subjects from Our
do most concern Our Rights Our Quarrel is not against the Parliament but against particular Men who first made the Wounds and will not now suffer them to be healed but make them deeper and wider by contriving fostering and fomenting Mistakes and Jealousies betwixt Body and Head Us and Our two Houses of Parliament whom We name are ready to prove them guilty of High Treason We desire that the Lord Kimbolton Mr. Hollis Mr. Pym Mr. Hampden Sir Arthur Hesilrigge Mr. Stroud Mr. Martin Sir Henry Ludlow Alderman Pennington and Captain Venn may be delivered into the hands of Justice to be tried by their Peers according to the known Law of the Land if we do not prove them guilty of High Treason they will be acquitted and their Innocence will justly triumph over Us. Against the Earl of Warwick the Earl of Essex Earl of Stamford Lord Brook Sir John Hotham Serjeant Major General Skippon and those who shall henceforth exercise the Militia by virtue of the Ordinance We shall cause Indictments to be drawn of High Treason upon the Statute of the 25. year of King Edward the Third Let them submit to the Trial appointed by Law and plead their Ordinances if they shall be acquitted We have done And that all Our loving Subjects may know that in truth nothing but the preservation of the true Protestant Religion invaded by Brownisme Anabaptisme and Libertinisme the Safety of Our Person threatned and conspired against by Rebellion and Treason the Law of the Land and Liberty of the Subject oppressed and almost destroyed by an Usurped Unlimited Arbitrary Power and the Freedom Priviledge and Dignity of Parliament awed and insulted upon by Force and Tumults could make us put off Our long-loved Robe of Peace and take up defensive Arms We once more offer a free and a gracious Pardon to all Our loving Subjects who shall desire the same except the persons before named and shall be as glad with Safety and Honour to lay down these Arms as of the greatest Blessing We are capable of in this World But if to justify these Actions and these Persons our Subjects shall think fit to engage themselves in a War against Us We must not look upon it as an Act of Our Parliament but as a Rebellion against Us and the Law in the behalf of these Men and shall proceed for the suppressing it with the same Conscience and Courage as We would meet an Army of Rebels who endeavour to destroy both King and People And We will never doubt to find honest Men enough of Our minds MDCXLI April ¶ The true Copy of the Petition prepared by the Officers of the late Army and subscribed by His Majesty with C. R. To the KING' 's most Excellent Majesty the Lords Spiritual and Temporal the Knights Citizens and Burgesses now assembled in the High Court of Parliament The Humble Petition of the Officers and Souldiers of the Army Humbly sheweth THat although our Wants have been very pressing and the Burthen we are become unto these parts by reason of those Wants very grievous unto us yet so have we demeaned our selves that Your Majesty's great and weighty Affairs in this present Parliament have hitherto received no interruption by any Complaint either from us or against us A temper not usual in Armies especially in one destitute not only of Pay but also of Martial Discipline and many of its principal Officers That we cannot but attribute it to a particular blessing of Almighty God on our most hearty affection and zeal to the Common good in the happy success of this Parliament to which as we should have been ready hourly to contribute our dearest blood so now that it hath pleased God to manifest his blessing so manifestly therein we cannot but acknowledge it with thankfulness We cannot but acknowledge his great Mercy in that he hath inclined Your Majesties Royal heart so to co-operate with the wisdom of the Parliament as to effect so great and happy a Reformation upon the former Distempers of this Church and Commonwealth As first in Your Majesties gracious condescending to the many important Demands of our neighbours of the Scotish Nation secondly in granting so free a course of Justice against all Delinquents of what quality soever thirdly in the removal of all those Grievances wherewith the Subjects did conceive either their Liberty of Persons Propriety of Estate or Freedom of Conscience prejudiced and lastly in the greatest pledge of security that ever the Subjects of England received from their Soveraign the Bill of Triennial Parliaments These things so graciously accorded unto by Your Majesty without bargain or compensation as they are more than expectation or hope could extend unto so now certainly they are such as all Loyal hearts ought to requiesce in with thankfulness which we do with all humility and do at this time with as much earnestness as any pray and wish that the Kingdom may be settled in peace and quietness and that all Men may at their own homes enjoy the blessed fruits of Your Wisdom and Justice But may it please Your Excellent Majesty and this High Court of Parliament to give us leave with grief and anguish of heart to represent unto You that We hear that there are certain persons stirring and practical who in stead of rendring Glory to God Thanks to his Majesty and acknowledgment to the Parliament remain yet as unsatisfied and mutinous as ever who whilest all the rest of the Kingdom are arrived even beyond their wishes are daily forging new and unseasonable demands who whilest all Men of Reason Loyalty and Moderation are thinking how they may provide for your Majesties Honour and Plenty in return of so many Graces to the Subject they are still attempting new Diminutions of Your Majesty's just Regalities which must ever be no less dear to all honest Men than our own Freedoms in fine Men of such turbulent Spirits as are ready to sacrifice the Honour and Welfare of the whole Kingdom to their private fancies whom nothing else than a subversion of the whole frame of Government will satisfie Far be it from our thoughts to believe that the Violence and Vnreasonableness of such kind of persons can have any influence upon the Prudence and Justice of the Parliament But that which begets the trouble and disquiet of Our Loyal hearts at this present is That we hear those ill-affected persons are backed in their Violence by the Multitude and the power of raising Tumults that thousands flock at their call and beset the Parliament and White-Hall it self not only to the prejudice of that freedom which is necessary to great Councils and Judicatories but possibly to some personal danger of Your Sacred Majesty and Peers The vast consequence of these Persons Malignity and of the Licentiousness of those Multitudes that follow them considered in most deep care and zealous affection for the safety of Your Sacred Majesty and the Parliament Our Humble Petition is that in Your
judge as well by former Passages as by Our two last Messages which have been so fruitless that though We have descended to desire and press it not so much as a Treaty can be obtained unless We would denude Our Self of all force to defend Vs from a visible strength marching against Vs and admit those Persons as Traitors to Vs who according to their Duty their Oaths of Allegiance and the Law have appeared in defence of Vs their King and Liege Lord whom We are bound in Conscience and Honour to preserve though We disclaimed all our Proclamations and Declarations and the erecting of Our Standard as against Our Parliament All We have now left in Our Power is to express the deep sense We have of the publick Misery of this Kingdom in which is involved that of Our distressed Protestants of Ireland and to apply Our Self to Our necessary Defence wherein We wholly rely upon the Providence of God the Justice of Our Cause and the Affection of Our good People so far We are from putting them out of Our Protection When you shall desire a Treaty of Vs We shall piously remember whose blood is to be spilt in this Quarrel and chearfully embrace it And as no other Reason induced Vs to leave Our City of London but that with Honour and Safety We could not stay there nor raise any Force but for the necessary defence of Our Person and the Law against Levies in opposition to both so We shall suddenly and most willingly return to the one and disband the other as soon as those causes shall be removed The God of Heaven direct you and in mercy divert those Judgments which hang over this Nation and so deal with Vs and Our Posterity as We desire the Preservation and Advancement of the true Protestant Religion the Laws and the Liberty of the Subject the just Rights of Parliament and the Peace of the Kingdom But as if all these gracious Messages had been the effects only of Our Weakness and instances of Our want of Power to resist that torrent they deal at last more plainly with Us and after many sharp causeless and unjust Reproaches they tell Us in plain English that without putting Our Self absolutely into their hands and deserting all Our own Force and the Protection of all those who have faithfully appeared for Us according to their Duty there would be no means of a Treaty although Our extraordinary desire of Peace had prevailed with Us to offer to recall Our most just Declarations and to take down Our Standard set up for Our necessary defence so their unjustifiable Declarations might be likewise recalled Their Answer follows in these words WE the Lords and Commons in Parliament assembled do present this our humble Answer to Your Majesty's Message of the 11th of this instant Month of September When we consider the Oppressions Rapines Firing of Houses Murthers even at this time whilst Your Majesty propounds a Treaty committed upon Your good Subjects by Your Soldiers in the presence and by the Authority of their Commanders being of the number of those whom Your Majesty holds Your self bound in Honour and Conscience to protect as Persons doing their Duties We cannot think Your Majesty hath done all that in You lies to prevent or remove the present Distractions nor so long as Your Majesty will admit no Peace without securing the Authors and Instruments of these Mischiefs from the Justice of the Parliament which yet shall be ever dispens'd with all requisite Moderation and distinction of Offences although some of those Persons be such in whose Preservation Your Kingdom cannot be safe nor the unquestionable Rights and Priviledges of Parliament be maintain'd without which the Power and Dignity thereof will fall into contempt We beseech Your Majesty therefore to consider Your Expressions That God should deal with You and Your Posterity as Your Majesty desires the Preservation of the just Rights of Parliament which being undeniable in the Trying of such as we have declared to be Delinquents we shall believe Your Majesty both towards Your self and Parliament will not in this Priviledge we are most sensible of deny us that which belongs unto the meanest Court of Justice in this Kingdom Neither hath Your Majesty cause to complain that You are denied a Treaty when we offer all that a Treaty can produce or Your Majesty expect Security Honour Service Obedience Support and all other effects of an Humble Loyal and Faithful Subjection and seek nothing but that our Religion Liberty Peace of the Kingdom Safety of the Parliament may be secured from the open Violence and cunning Practices of a wicked party who have long plotted our ruin and destruction And if there were any Cause of Treaty we know no competent Persons to Treat betwixt the King and Parliament and if both Cause and Persons were such as to invite Treaty the Season is altogether unfit whilst Your Majesty's Standard is up and Your Proclamations and Declarations unrecalled whereby Your Parliament is charged with Treason If Your Majesty shall persist to make Your self a shield and defence to those Instruments and shall continue to reject our faithful and necessary Advice for securing and maintaining Religion and Liberty with the Peace of the Kingdom and Safety of the Parliament we doubt not but to indifferent judgments it will easily appear who is most tender of that Innocent Blood which is like to be spilt in this Cause Your Majesty who by such persisting doth endanger Your self and Your Kingdoms or we who are willing to hazard our selves to preserve both We humbly beseech Your Majesty to consider how impossible it is that any Protestation though published in Your Majesty's name of Your tenderness of the Miseries of Your Protestant Subjects in Ireland of Your Resolution to maintain the Protestant Religion and Laws of this Kingdom can give satisfaction to reasonable and indifferent men when at the same time divers of the Irish Traitors and Rebels the known Favourers of them and Agents for them are admitted to Your Majesty's presence with Grace and Favour and some of them imployed in Your service when the Cloaths Munition Horses and other Necessaries bought by your Parliament and sent for the supply of the Army against the Rebels there are violently taken away some by Your Majesty's Command others by Your Ministers and applied to the maintenance of an unnatural War against Your People here All this notwithstanding as we never gave Your Majesty any just cause of withdrawing Your self from Your great Council so it hath ever been and shall ever be far from us to give any impediment to Your Return or to neglect any proper means of curing the Distempers of the Kingdom and closing the dangerous Breaches betwixt Your Majesty and Your Parliament according to the great Trust which lies upon us and if Your Majesty shall now be pleased to come back to Your Parliament without Your Forces we shall be ready to secure Your Royal Person
to judge whether their Demands were not such and so moderate as was fit and necessary for them to make and just and reasonable for His Majesty to assent unto wherein they may be pleased to consider that this was a Treaty for the disbanding of two Armies and Forces raised in opposition each to other that the Towns Forts and Ships are a great part of these Forces and of the strength of that side that possesseth them that for any one side to demand the possession and power thereof and the other side to disband their Forces and quit themselves of all their strength is in effect a total disbanding of that side and a continuing the Forces of the other which must be granted to be most unequal and therefore the Lords and Commons did think it just and honourable that the remaining strength should be put into such hands as both sides might trust Secondly That their demand to have the Forts and Castles into the hands of such persons as both Houses should confide in was a Proposition warranted by the frequent Precedents of former times whereby it appeareth that many other Parliaments have made the like and greater demands and His Majesty's Predecessors have assented thereunto Thirdly It was a Proposition which His Majesty Himself in several Declarations of His own affirmed to be reasonable and just for in His Majesty's Answer to a Petition of the House of Commons January 28. 1641. He expresseth thus For the Forts and Castles of the Kingdom His Majesty is resolved they shall be in such hands and only in such as the Parliament way safely confide in c. And in another Answer to two Petitions of the Lords and Commons delivered the second of February 1641. His Majesty useth these words That for the securing you from all Dangers or Jealousies of any His Majesty will be content to put in all the places both of Forts and Militia in the several Counties such persons as both Houses of Parliament shall either approve or recommend unto Him so that you declare before unto His Majesty the names of the persons whom you approve or recommend unless such persons shall be named against whom He shall have just and unquestionable exception Which being declared by His Majesty Himself they had no cause to suspect a Denial being confident that His Majesty did intend what He spoke and if any ill Counsel could prevail to make Him recede from His Word it must be admitted the Kingdom hath more cause to be further secured Fourthly For that to our sad experience it is well known that His Majesty's Power in this and other things is too much steered and guided by the advice of these secret and wicked Counsellors that have been the Instruments of our present Miseries and though His Majesty carrieth the Name yet they will have the disposing of those places And the Lords and Commons thought it the more reasonable and necessary to insist thereupon because that in the time when they were preparing their Propositions to His Majesty it did appear unto them by a Letter written by His Majesty to the Queen which they have caused to be herewith Printed that the great and eminent places of the Kingdom were disposed by Her Advice and Power and what Her Religion is and consequently how prevalent the Counsels of Papists and Jesuites will be with Her may be easily conjectured and it is to be observed who the Persons designed for preferment were even during the sitting of a Parliament the Lord Digby impeached in Parliament for High Treason and most if not all the rest impeached in Parliament and such as bear Arms against them Lastly admitting that these demands touching the Ships and Forts had been made even in a time of Peace and Tranquillity yet considering the attempts of Force and Violence made and practised against the Kingdom and this present Parliament as the Designs many years since to bring to this Kingdom the German Horse to compel the Subject to submit to an arbitrary Government the endeavour to bring up the late Northern Army by force and violence to awe the Parliament His Majesty's coming in person to the House of Commons accompanied with many Armed Men to demand their Members to be delivered up and the Treason of the Earl of Strafford to bring over the Irish Popish Army to conquer the Kingdom they might very well justify nay they were in duty bound in discharge of the trust reposed in them by the Commonwealth to make that demand and expect the performance thereof to the end the People might be secured from any such Violence hereafter Yet to their inexpressible sorrow they must speak it neither the Reasonableness the Moderation or Justness of the Request nor the Peace of the Kingdom which probably would ensue thereupon could be Arguments prevalent enough to induce His Majesty's Consent thereunto And His Majesty's offer of those Commanders that shall offend to leave them to Justice and Trial of the Law is an Answer more to shew His Power to protect Delinquents than satisfaction to a Parliament being the due and right of the meanest Subject and yet intituled here as a Favour done to both Houses of Parliament And though His Majesty is pleased to justifie His Denial with the Allegation That it is His Right by Law they must appeal to the judgment of all indifferent Men whether that be a satisfactory ground of refusal for admitting His Majesty's Power of disposing the Ships Forts and Castles and committing them into what hands He please to be by Law absolutely vested in His Majesty which they by no means can admit He being only trusted with them for the Defence and safety of the Kingdom as He Himself is pleased to assume yet would that be no ground or reason for the King to refuse His Consent to alter that Law when by circumstance of time and affairs that Power becomes destructive to the Commonwealth and safety of the People the preservation whereof is the chief end of the Law And though the two Houses of Parliament being the Representative Body of the Kingdom are the most competent Judges thereof yet in this Cafe they do not proceed only upon an implicite Faith but demonstrate it both by Reason and Experience That their Demand is not only necessary to secure the Kingdom from Fear and Jealousie but to preserve it even from Ruine and Destruction And surely had this Argument of being Their Right by Law been prevailing with His Majesty's Predecessors this Nation should have wanted many an Act of Parliament which now they have that was necessary for thier being and subsistence And they could heartily wish that the Laws and Statutes of the Kingdom might be The Rule of what is and what is not to be done acknowledging with His Majesty that the same is the only Rule between Him and His People the assurance of the free enjoyment whereof is their only aim but how little fruit the People hath gathered from this tree
the way thereunto were not such as were reasonable and necessary for them to make and just and honourable for His Majesty to grant and whether His Majesty's Answers to these Propositions are satisfactory or correspondent to His Expression to have given up all the faculties of His Soul to an earnest endeavour of a Peace and Reconciliation with His People But they must confess that they had just cause to suspect that this would be the happy issue of the Treaty for the prevalency of the enemies thereof who like that evil Spirit do most rage when they think they must be cast out was such that they would not proceed therein one step without some attempt or provocation laid in the way to interrupt and break it off for after they had resolved to present their humble Desires and Propositions to His Majesty their Committee must not without a special safe Conduct and Protection from Him have access to Him a liberty incident to them not only as they are Members of the Parliament and employed by both Houses but as they were free-born Subjects and yet when they passed over this His Majesty refused a safe Conduct to the Lord Viscount Say and Seal being one of the Committee appointed by both Houses to be employed upon that occasion such a breach of Priviledge that they believe is not to be parallel'd by the example of former times and yet their desire was such to obtain the end they drive at that is a happy and lasting Peace that they resolved not to interrupt the Treaty for that time by insisting upon it And then they had no sooner entred upon the Treaty but a Proclamation dated at Oxon the 16 of February 1642. entituled His Majesty's Proclamation forbidding all His loving Subjects and the Counties of Kent Surrey Sussex and Hampshire to raise any Forces c. and another Proclamation dated the 8 of February forbidding the assessing and payment of all Taxes by vertue of an Ordinance of both Houses and all entring into Associations were published in His Majesty's Name containing most bitter invectives and scandals against the proceedings of both Houses by styling them and such as obeyed them Traitors and Rebels charging them under the name of Brownists Anabaptists and Atheists to endeavour to take away the Kings Life and to destroy His Posterity the Protestant Religion and the Laws of the Kingdoms with many other such scandals and aspersions and even at this time were many designs practising against the Parliament which in all probability were the grounds and reasons of His Majesty's confidence and denial of their just desire Insomuch that His Majesty in a Letter sent from Him to the Queen and read in the House of Commons did declare That He had so many fine designs laid open to Him that He knew not which first to undertake One whereof probably was the most bloody and barbarous design upon Bristol attempted though by God's infinite mercy prevented during the Treaty And whether that of Sir Hugh Cholmley's in betraying of Scarborough Castle wherewith he was entrusted by the Parliament to the Queens hands and acted likewise during the Treaty and that of Killingworth Castle which should have been likewise betrayed and a design discovered by a Letter found in the Earl of Northampton's pocket slain near Stafford written to Him from Prince Rupert were some of the other designs mentioned in His Majesty's Letter they cannot certainly affirm but conjecture And when these collateral provocations and attempts could not prevail to make them desert the Treaty then comes in His Majesty's Message of the fourth of April which they have mentioned before charging them to abuse the people with imaginary Dangers and pretended Fears to use Force and Rapines upon His good Subjects with publishing new doctrines That it is unlawful for the King to do any thing and lawful to do any thing against Him with Malice and Subtilty to abuse the People that their Pleasure is all their bounds with many other such bitter expressions that no Man could think such an Answer could be any part of a Treaty or at least to proceed from a heart that desired a happy issue thereunto Notwithstanding all which the Lords and Commons were so resolutely fixed to prosecute that Treaty and if possibly they could to bring it to a blessed and happy conclusion that they were content to lie under all these Scandals and endure all these wounds so they might make up the breaches of the Commonwealth and therefore they did forbear the returning of an Answer to any of these provocations And then when the Malignant and Popish party too-too prevalent with his Majesty perceived their constancy not to be provoked to break that Treaty of their part they found it necessary to seduce His Majesty to refuse His Consent to their most necessary and just Desires and to propound such things as could not with the peace and safety of the Church and State be yielded to and so effected their own desires All which the Lords and Commons thought it their duty to publish to the Kingdom to the end that they may see that what hath been long endeavoured by subtile and secret practices is now resolved to be effected by open Violence and Hostility that is the destruction of our Laws and the Protestant Religion and introducing of Popery and Superstition and that there is little or no hope by any endeavour of a Treaty to procure the Peace of this Church and Kingdom unless both be exposed to the will and pleasure of the Popish party until the Army and Forces now raised and continued by them be first destroyed or suppressed And therefore the Lords and Commons do hope that not only such as are already convinced of their Design and Malice but even those that by their subtile and false pretences have been ignorantly seduced to joyn with them that love their Liberty and the Protestant Religion will now with one heart and mind unite together to preserve their Religion and Liberty in the defence whereof the Lords and Commons are resolved to offer up themselves their lives and fortunes a willing Sacrifice Die Sabbati 6 May 1643. A Declaration upon the Result of the Treaty brought in with some Amendments was this day read in the House of Commons and ordered to be delivered unto the Lords at a Conference And it is further Ordered by this House That this Declaration shall be Printed and Master Glyn do take care for the Printing of it and that none shall Print or re-print it but such as Master Glyn shall appoint to the end that by his care the Records may be rightly cited and the Letters and other matters Ordered to be Printed with it be carefully Printed H. Elsinge Cler. Parliament D. Com. His MAJESTY's Declaration to all His Loving Subjects in Answer to a Declaration of the Lords and Commons upon the Proceedings of the late Treaty of Peace and several Intercepted Letters of His MAJESTY to the QUEEN and of
Prince RUPERT to the Earl of Northampton Oxford 3. June 1643. THough His Majesty be assured it cannot but be of great Advantage to Him to have such an occasion as is now given Him by the late Declaration of both Houses to shew to all His good People who it is that is really in fault that the last Treaty so much desired by His Majesty and only begun upon His Desire broke off so abruptly as He doubts not to do if those who govern in the remaining part of both Houses have but so much ingenuity left as to suffer what He says to be equally freely published to His People yet His Majesty cannot without great grief of Soul see that Treaty which He hoped and expected should have begot the settled Peace and Happiness of His Subjects in stead thereof beget nothing but Disputes and Declarations yet it will be some Cordial to Him when He shall be forced to see the Desolation of this Kingdom and the Misery of His People that not only it is not He that hath made that Desolate and them Miserable but that He is able to demonstrate to all the World that He hath used His utmost and most earnest endeavours to prevent it as will appear at large by the following state of the Case After that the Conspiracy of some Persons against the present establisht Government both Ecclesiastical and Civil had made means to infuse into part of the People by publishing unheard-of Declarations obtain'd and past in a new and unheard-of manner sometimes but by eleven Voices after seventeen hours sitting and that but in one House strange Fears and Jealousies of the other House and of His Majesty and by them given the Rise to those insufferable Tumults and Seditious unparliamentary Petitions at once to and against the Lords which they afterwards avowed publickly to protect and encourage and forced the Lords House by fearing them to seem to fear with them and to joyn with them first in requiring and next in forcing no less security for those Fears from His Majesty who was then in condition to have most real Cause of Fear Himself than almost all that Power which the Law had trusted to Him for the security of the Crown and the Protection of His People after that His Majesty and most of the Members were forced away from the Parliament and that His share in making new Laws was denyed to Him in any case in which they would pretend Necessity and every Subject that would not submit to any new extravagant extemporary legislative Declaration or Order of one or both Houses against the antient known Law of the Land was become sent for up and imprisoned as a Delinquent and whosoever would assist them against the known Law was not only-protected by them in that but in any other Case although they were of them who had been most apparently active in those former Pressures upon the People which they now afresh impute to His Majesty so that to be of their side was now become a known Sanctuary after that nothing was left undone or unsaid that might render His Majesty both weak and odious and that all that He could say or do to clear Himself was either supprest or interpreted in a contrary and impossible sense so that His very offer to venture His Royal Person against the Irish Rebels was voted to be an Encouragement to that Rebellion after that from declaring of Law they came to declaring of Thoughts and forgetting that the Hearts of Kings are inscrutable presumed to dive into His and without Apparence and contrary to Truth had declared that He meant to make War upon His Parliament and made that Declaration a ground to levy a real War against Him and then made that War a ground to begin to make War upon His People forcing away the Arms and Money of all such as they pleased to suspect of the Crimes of Allegiance and Loyalty after that they had so far exprest and discovered the true end of all these Actions as to propose the total Change of the present Government both Ecclesiastical and Civil in the Nineteen Propositions as the only way to Peace and that His Majesty might by all this have been sufficiently perswaded that it was impossible for Him to obtain Peace from them but either by Submission or by the Sword yet after all this His Majesty was so averse to the latter Course as to descend to so great a degree of the former as from Nottingham to propose to and desire from them a Treaty for Peace and being there twice openly and absolutely refused it yet did then declare that He would notwithstanding be ready to receive it whensoever they would propose it And to shew that these Offers proceeded not from His Condition but from His Inclination after His Victory at Edge-hill and after that the Earl of Essex had so far forgot his Errand as to return to London alone in stead of bringing up His Majesty and those His good Subjects whom they call'd Delinquents His Answer at Colebrook will shew to all the World that He was still of the same mind as when He sent His Messages from Nottingham and His Message so carefully sent from Colebrook to prevent all mis-construction of that march of His which they had necessitated to Brainceford and His pressing still that a Treaty might go on in that and several other Messages all slighted and neglected shewed sufficiently who really was desirous of and who were averse to Peace But when the Petition of so many Citizens that a Treaty might be accepted finding so little countenance or acceptance from the House of Commons and the Injuries and Imprisonments which the Petitioners suffered for it from Alderman Pennington and others finding so much countenance from them did so far begin to open the eyes of the People that the Aversion to Peace began to be imputed to them who were truly guilty and that they found this Discovery made men generally unwilling to part with their money to make themselves miserable and that again encouraged many of the Members to appear for Peace too and that consequently their too open and avowed desire of War would but render them unable to continue it they thought it necessary to make some Propositions which might deceive the People so far as to make them believe they desired Peace and yet resolved to make them so unreasonable as they might notwithstanding be sure to be out of all danger of effecting Peace by them and sent those down to His Majesty Which though they pretend now to be such as no indifferent man will find any thing contained in them but what was necessary for the maintenance and advancement of the true Protestant Religion the due execution of Justice the Preservation of the Liberty and Property of the Subject and the establishment of the Kingdoms Peace and Safety yet His Majesty is confident that even those who are not very indifferent are yet able to see that no
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
take in those of another Kingdom to their Resolutions who are not bound by our Laws But what violation soever they make of the Laws they are forward to put the King in mind of His Duty and therefore tell Him That He is sworn to maintain the Laws as they are sworn to their Allegiance to Him these Obligations being reciprocal It is true in some sense that the Oath of the King and Subjects is reciprocal that is each is bound to perform what they swear the King as well as the Subjects but he that will well weigh their Letter and make one part have connexion with the other and examine that part of their Covenant whereby they swear they will defend the Kings Person and Authority no further or otherwise than in preservation of their Religion and Liberties may easily find another construction viz. That the Subjects Allegiance is no longer due than the King performs His Duty nay no longer than He in their opinion observes His Duty whereof they themselves must be Judges and if He fail in His Duty they may take up Arms against Him A Principle which as it is utterly destructive to all Government so we believe they themselves dare not plainly avow it lest as they now make use of it against the King so the People finding their failure of Duty and breach of Trust should hereafter practise it by taking up Arms against them and so shake of that yoak of Tyranny imposed by their fellow Subjects which lies so heavy upon them It were well as they still press upon the King maintenance of the Laws they would also know that their Obligation to observe the same is reciprocal and while they here resolve to defend and preserve the full Power of this Parliament which in their sense can be no other than the Power they have exercised this Parliament they would take notice that they are therein so far from observation of the Laws that they desperately resolve an utter subversion of them For what can more tend to the destruction of the Laws than to usurp a Power to themselves without the King and against His will to raise Arms to attribute to their Orders or pretended Ordinances the power of Laws and Statutes to inforce Contributions Loans and Taxes of all sorts from the Subject to imprison without cause shewed and then prohibit Writs of Habeas Corpus for their enlargement to lay Excises upon all Commodities to command and dispose of the Lives and Estates of the free-born Subjects of this Kingdom at their pleasure to impose Tonnage and Poundage contrary to the Law declared in the late Act for Tonnage and Poundage and all this done and justified as by a legal civil Power founded and inherent in them All which are manifest breaches of the Petition of Right and Magna Charta the great Evidence of the Liberties of England which Charter by express words binds them and us though assembled in Parliament as well as the King And though it be not now as heretofore it hath been taken by solemn Oath on the Peoples part as well as on the Kings nor a Curse as heretofore pronounced on the Violators yet they having taken a Protestation to maintain the Laws and the Liberties and Properties of the Subject and inclusively that Charter let them take heed whilst they make use of this their pretended Power to the destruction of the Law lest a Curse fall upon them and upon their Posterity God knoweth and it is too certain a truth that our selves and many other good Subjects in this Kindom even under the Power of the Kings Army have suffered exceedingly in Liberty and Estates during this present Rebellion by many heavy Charges the sad consideration whereof makes our hearts bleed because we can see no way for relief so long as this unnatural Rebellion continues But as these things were first practised by them and thereby necessitated upon the Kings Army so it was never yet pretended that they were done by virtue of a Law but either by Consent or by the unhappy and unavoidable exigences of War and to expire with the present Rebellion which God in mercy hasten For our parts we have the inward comfort of our own Consciences witnessing with us that we have improved all opportunities and advantages for the restoring of this Kingdom to its former Peace and we must witness for His Majesty His most hearty desires thereof And though both His Majesty and our endeavours therein have been made frustrate yet God in his great goodness hath raised up our spirits not to desert our Religion our King our Laws our Lives the Liberties of us English free-born Subjects and by God's assistance and His Majesty's concurrence we do resolve to unite our selves as one Man and cheerfully adventure our Lives and Estates for the maintenance and defence of the true Reformed Protestant Religion of the Church of England of which we profess our selves to be for the defence of the Kings Person and Rights of His Crown for the regaining and maintaining the Rights and Privileges of Parliament and the Liberty of the Subjects Person and Property of his Estate according to the known Laws of the Land to repel those of the Stotish Nation that have in a warlike manner entred this Realm and to reduce the Subjects thereof now in Rebellion to the Kings Obedience And we doubt not but the same God will enlighten the eyes of the poor deceived People of this Land like true-hearted honest English-Men to joyn unanimously with us in so just and pious a work And the God of Heaven prosper us according to the goodness of the Cause we have in hand The Names of the Lords and Commons of Parliament assembled at Oxford who did subscribe the Letter to the Earl of Essex dated January 27. 1643. CHARLES P. YORK CUMBERLAND Ed. Littleton C. S. Fra. Cottington D. Richmond M. Hartford E. Lindsey E. Dorset E. Shrewsbury E. Bath E. Southampton E. Leicester E. Northampton E. Devonshire E. Carlisle E. Bristol E. Berkshire E. Cleveland E. Rivers E. Dover E. Peterburgh E. Kingston E. Newport E. Portland V. Conway L. Digby L. Mowbray and Maltravers L. Wentworth L. Cromwell L. Rich. L. Paget L. Chandois L. Howard of Charleton L. Lovelace L. Savile L. Mohun L. Dunsmore L. Seymour L. Percy L. Wilmott L. Leigh L. Hatton L. Jermyn L. Carrington JOhn Fettiplace Esq Sir Alex. Denton Sir John Packington Sir Tho. Smith F. Gamul Esq Jo. Harris Esq Joseph Jane Esq Rich. Edgcombe Esq Jonathan Rashleigh Esq G. Fane Esq P. Edgcombe Esq Will. Glanvill Esq Sir Ro. Holborne Sir Ra. Sydenham Fra. Godolphin Esq Geo. Parry D. of Law Amb. Manaton Esq Ri. Vivian Esq Jo. Polewheele Esq John Arundell Esq Tho. Lower Esq Sir Edw. Hide Will. Allestree Esq Sir Geo. Stonehouse Ed. Seymour Esq Peter Sainthill Esq Sir Will. Poole Roger Matthew Esq Ri. Arundell Esq Ro. Walker Esq Giles Strangwaies Esq Sir John Strangwaies Sir Tho. Hele. Sir Ger. Naper Sam. Turner
the present Rebellion raised in this Kingdom against His Majesty and that all His Majesty's Subjects are bound by their natural Allegiance and the Oaths lawfully taken by them to the utmost of their power to resist and repress the same and particularly the Army now under the Command of the Earl of Essex and all other Armies raised or to be raised without His Majesty's Consent under pretence of the two Houses of Parliament And we do disclaim all Votes Orders and Declarations in countenance or maintenance of the said Armies and Declare That no Oath or Covenant voluntarily taken or inforced doth or can bind or dispense with the breach of those other Oaths formerly and lawfully taken to His Majesty and that all those who aid assist or abett this horrid and odious Rebellion are and ought to be accounted and pursued as Traitors by the known Laws of the Land That we utterly detest and disclaim the Invitation which hath been made to His Majesty's Subjects of Scotland to enter this Kingdom with an Army the same being as much against the Desires as against the Duty of the Lords and Commons of England and all true-hearted English-Men And we do Declare and publish to the World That as any such Invasion or Hostile entry into the Kingdom by the Rebellious Subjects of Scotland is a direct and peremptory breach of the late Act of Pacification between the two Kingdoms so that we and all the Subjects of this Kingdom are bound by our Allegiance and by that very Act to resist and repress such Invasion And whosoever is or shall be abetting aiding or assisting to those of Scotland in their Hostile Invasion of this Kingdom ought to be looked upon as betrayers of their Country and are guilty of High Treason by the known Laws of the Kingdom And that our weak misled and seduced Country-men may no longer pay an implicite regard and reverence to the abused name of Parliament which these guilty Persons usurp to themselves and so submit to those Actions and Commands which two Houses of Parliament never so legally and regularly constituted have not Authority to require or enjoyn and since these Men will not suffer their poor Country to be restored by a Treaty to the benefit of a Parliament which would with Gods blessing easily remove these Miseries and prevent the like for the time to come we must and do declare to the Whole Kingdom That as at no time either or both Houses of Parliament can by any Orders or Ordinances impose upon the People without the Kings Consent so by reason of the want of Freedom and Security for all the Members of Parliament to meet at Westminster and there to Sit Speak and Vote with Freedom and Safety all the Actions Votes Orders Declarations and pretended Ordinances made by those Members who remain still at Westminster are void and of none effect and that as many of the Lords and Commons assembled at Westminster as have at any time consented to the raising of Forces under the Command of the Earl of Essex or to the making and using of the new Great Seal or to the present coming of the Scots into England in a warlike manner have therein broken the Trust reposed in them by their Country and are to be proceeded against as Traitors And yet we are far from dissolving or attempting the dissolution of this Parliament or the violation of any Act made and confirmed by His Majesty's Royal Assent this Parliament which we shall always maintain and defend Acts of Parliament are only in danger to be destroyed by those who undervalue and despise the Authority and Power of Acts of Parliament who therefore deny the Kings Negative Voice and neglect His Concurrence that their own Resolutions may be reputed as Acts of Parliament to the Ruine and Confusion of all Laws and Interest It is our grief in the behalf of the whole Kingdom that since the Parliament is not dissolved the Power thereof should by the Treason and Violence of these Men be so far suspended that the Kingdom should be without the fruit and benefit of a Parliament which cannot be reduced to any Action or Authority till the Freedom and Liberty due to the Members be restored and admitted and they who oppose this must be only looked upon as the Enemies to Parliament In the mean time we neither have nor shall attempt any thing for the Adjourning Dissolving or Proroguing thereof otherwise than as it may stand with the Act in that case provided Lastly we Declare That our endeavours actions and resolutions tend and are directed and shall always be directed to the maintenance of God's true Religion established by Law within this Kingdom to the defence of His Majesty's Sacred Person His Honour and just Rights to the preservation of the Liberty and Property of the Subject settled and evident by the Laws Statutes and Customs of the Realm and the just Freedom Liberty and Privilege of Parliament and that what we shall do for the defence and maintenance of all these proceeds from the Conscience of our Duty to God our King and Country without any private and sinister ends of our own and out of our sincere love to Truth and Peace the which as we have so we shall always labour to procure as the only blessed End of all our Labours And we do therefore conjure all our Country-Men and fellow-Subjects by all those precious obligations of Religion to God Almighty of Loyalty towards their Soveraign of Affection towards one another and of Charity and Compassion towards their bleeding Country to assist and joyn with us in the suppressing those Enemies to Peace who are so much delighted with the Ruine and Confusion they have made that they will not so much as vouchsafe to Treat with us that all specious Pretences might be taken away and the grounds of this bloody Contention clearly stated to the World If these Men with a true sence and remorse of the ill they have done shall yet return to their Duty and Loyalty they shall God willing find us of another temper towards them than they have been towards us And if the Conscience of their Duty shall not draw all our fellow-Subjects and Country-Men to joyn with us in assisting His Majesty we hope that the prudent consideration That 't is impossible to Reason for our miserable Country ever to be restored to Peace and Happiness but by restoring all just and legally-due Power and Authority into His Majesty's hands again will direct them what is fit to be done by them And if any yet shall be so unskilful and to say no worse vulgar-spirited to hope by a Neutrality and odious Indifferency to rest secure in this Storm though we shall not follow the examples of other Men in telling them that their Estates shall be forfeited and taken from them as pernicious and publick Enemies God be thanked the Law is not so supprest but that it proceeds in Attainders and Forfeitures and all Men
know an Estate escheated to His Majesty by High Treason is as much as legally His Majesty's or his to whom His Majesty grants it as ever it was the unhappy Persons who hath so forfeited it yet we must let them know that their Condition is like to be very dangerous and that as they for resistance of whom His Majesty's Armies are raised have declared to them what they are to expect at their hands that is to be dealt with as pernicious and publick Enemies so they have reason to believe that His Majesty cannot look upon them as Persons who have performed that Duty they are obliged by their natural Allegiance and their Oaths enjoyned by Law which is to defend the King to the utmost of their Power against all Conspiracies and Attempts whatsoever which shall be made against His Majesty's Person His Crown and Dignity and to do their best endeavours to disclose and make known to Him all Treasons and Conspiracies which shall be against Him to their power to assist all Jurisdictions Privileges Preheminencies and Authorities belonging to Him or united to the Imperial Crown of this Realm The just and pious consideration and weighing of which Oath and Obligation must stir up all Men of Loyalty and Conscience to be industrious and active on His Majesty's behalf against this horrid and odious Rebellion and against the Authors and Fomenters of the same And we are confident it will not a little encrease the Indignation of all good true English-Men to find these Disturbers of their Peace who have so speciously pretended the defence of the Rights and Privileges of Parliament unite themselves with and govern their Actions by the concurrent Advice and Consent of Commissioners of another Kingdom whose business is to alter our Laws and confound our Government And if all the other particulars so plainly set down in this Declaration and so publickly known to most Men were wanting there could not be a greater instance of deserting the Dignity and Right and as much as in them lies cancelling all the Liberties and Privileges of Parliament than for these Men to break the Trust reposed in them by their Country and to submit themselves to the Advice and oblige themselves to the Consent of Agents of another Kingdom who have cast off their Allegiance and united themselves together against their natural and native King and against the Laws of both Kingdoms and have given an ample testimony to all those they have misled how far they are from submitting or intending to be governed by Parliament or by those who would yet be thought the two Houses of Parliament by joyning four Scotch-Men Agents for the Rebellious Army which hath invaded this Kingdom in equal Power and Authority with seven Lords and fourteen Commons by whose sole and uncontrolled managery and consent all business of Peace and War which doth or may concern this languishing Kingdom must be governed And yet these Men take it very heinously that His Majesty should move them in order to Peace to agree that all the Members of both Houses may securely meet in a full and free Convention of Parliament because they say from thence no other Conclusion can be made but that this present Parliament is not a full nor free Convention and that to make it such the presence of us is necessary We must appeal to all the World whether in truth that Conclusion be not very apparent from the truth of their Proceedings and even to the Consciences of these Men themselves whether whilst we were amongst them we enjoyed that Liberty and Freedom which was due to us and whether if there were no danger or breach of Duty in being willingly and constantly present where Actions of Treason are plotted and concluded we could now be with them without engaging our selves in that Covenant which as it takes away all freedom and liberty of Council so cannot be taken without the violation of our Duty and Allegiance For the deserting the great Trust reposed in us we cannot with the least colour be accused we wish it had not been or were not now broken on their parts on ours we are sure it is not except observation of our Oaths lawfully taken and enjoyned and submission to the known established Laws of the Land the preservation of which is our greatest Trust be to desert the Trust reposed in us What they have done who have broken through all these and will not at last consent to the binding up the wounds they have made we must leave to the World to judge In the mean time since 't is apparent they use their utmost endeavours to make Peace impossible and having enriched themselvâ—â— by these publick Calamities and impoverished their Country by the transportation of â—he Wealth thereof into Foreign parts have left themselves no other means to repay those vast Sums they have extorted from the People upon that they call Publick Faith â—ut out of the Estates of those who have preserved their Duty and Loyalty entire and at the price of their Religion and Laws intend to establish a Government and Empire to themselves all good Men who desire Peace will joyn with us in the suppressing these Enemies of Peace and by a resolute and unanimous Declaration of themselves rise as One Man in the assistance of His Majesty with their Persons and their Fortunes which is the only means with God's blessing to restore and preserve the Religion Laws and Liberties of the Kingdom and the very Being of Parliaments The which if these Men have any mind to do it being not so easily to be done any other way they will at last be willing that all the Members of both Houses may meet in a full and free Convention of Parliament which we have always desired and shall be always ready to do His MAJESTY's Message to both Houses April 12. 1643. Concerning Disbanding of both Armies and His MAJESTY'S Return to both Houses of Parliament TO shew to the whole World how earnestly His Majesty longs for Peace and that no success shall make Him desire the continuance of His Army to any other end or for any longer time than That and until things may be so settled as that the Law may have a full free and uninterrupted course for the defence and preservation of the Rights of His Majesty both Houses and His good Subjects 1. As soon as His Majesty is satisfied in His First Proposition concerning His own Revenue Magazines Ships and Forts in which He desires nothing but that the Just Known Legal Rights of His Majesty devolved to Him from His Progenitors and of the Persons trusted by Him which have violently been taken from both be restored unto Him and unto them unless any Just and Legal Exceptions against any of the Persons trusted by Him which are yet unknown to His Majesty can be made appear to Him 2. As soon as all the Members of both Houses shall be restored to the same capacity of Sitting and Voting in
Estates of the Parliament in Scotland or the said Commissioners of that Kingdom whereof they are Subjects and that in those cases of joynt concernment to both Kingdoms the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdoms 4. To order the War of Ireland according to the Ordinance of the 11 th of April and to order the Militia and conserve the peace of the Kingdom of Ireland XVIII That His Majesty give His assent to what the two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished XIX That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the great Seal deserted the Parliament and that the said great Seal was surreptitiously conveyed away from the Parliament being the 21. day of May 1642. and who shall be hereafter made shall not sit or Vote in the Parliament of England without consent of both Houses of Parliament and that all Honour and Title conferred on any without consent of both Houses of Parliament since the 20. day of May 1642. being the day that both Houses declared That the King seduced by evil Counsel intended to raise War against the Parliament be declared null and void The like for the Kingdom of Scotland those being excepted whose Patents were passed the great Seal before the 4. of June 1644. XX. That by Act of Parliament the Deputy or chief Governour or other Governours of Ireland be nominated by both Houses of Parliament or in the Intervals of Parliament by the Commissioners to continue during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting And that the Chancellor or Lord Keeper Lord Treasurer Commissioners of the great Seal or Treasury Lord Warden of the Cinque-Ports Chancellors of the Exchequer and Dutchy Secretaries of State Judges of both Benches and of the Exchequer of the Kingdoms of England and Ireland be nominated by both Houses of Parliament to continue quamdiu se bene gesserint and in the Intervals of Parliament by the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland adding the Justice General and in such manner as the Estates in Parliament there shall think fit XXI That by Act of Parliament the Education of Your Majesty's Children and the Children of Your Heirs and Successors be in the true Protestant Religion and that their Tutors and Governours be of known Integrity and be chosen by the Parliaments of both Kingdoms or in the Intervals of Parliaments by the aforenamed Commissioners to be approved or disallowed by both Parliaments at their next sitting and that if they be Male they be married to such only as are of the true Protestant Religion if they be Female they may not be marryed but with the advice and consent of both Parliaments or in the Intervals of Parliament by their Commissioners XXII That Your Majesty will give Your Royal Assent to such ways and means as the Parliaments of both Kingdoms shall think fitting for the uniting of the Protestant Princes and for the entire Restitution and Re-establishment of Charles Lodwick Prince Elector Palatine His Heirs and Successors to His Electoral Dignity Rights and Dominions Provided that this extend not to Prince Rupert or Prince Maurice or the Children of either of them who have been the Instruments of so much blood-shed and mischief against both Kingdoms XXIII That by Act of Parliament the concluding of Peace or War with Foreign Princes and States be with advice and consent of both Parliaments or in the Intervals of Parliaments by their Commissioners XXIV That an Act of Oblivion be passed in the Parliaments of both Kingdoms respectively relative to the Qualifications in the Propositions aforesaid concerning the joint Declaration of both Kingdoms with the exception of all Murderers Thieves and other Offenders not having relation to the War XXV That the Members of both Houses of Parliaments or others who have during this Parliament been put out of any Place or Office Pension or Benefit for adhering to the Parliament may either be restored thereunto or otherwise have Recompence for the same upon the humble desire of both Houses of Parliament The like for the Kingdom of Scotland XXVI That the Armies may be Disbanded at such time and in such manner as shall be agreed upon by the Parliaments of both Kingdoms or such as shall be Authorized by them to that effect XXVII That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Mis-user or Abuser That the Militia of the City of London may be in the ordering and Government of the Lord Major Aldermen and Commons in Common-Council assembled or such as they shall from time to time appoint whereof the Lord Major and Sheriffs for the time being to be three And that the Militia of the Parishes without London and the Liberties within the weekly Bills of Mortality may be under Command of the Lord Major Aldermen and Commons in Common-Council of the said City to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removable by the Common-Council That the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent and that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future And for prevention of Inconveniences which may happen by the long intermission of Common-Councils it is desired that there be an Act that all By-Laws and Ordinances already made or hereafter to be made by the Lord Major Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating of the same shall be as effectual in Law to all intents and purposes as if the same were particularly enacted by the Authority of Parliament and that the Lord Major Aldermen and Commons in Common-Council may add to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their farther Safety Welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament Upon consideration of which Propositions His Majesty sent the Duke of Richmond and the Earl of Southampton with this Message of the 13. of December HIS Majesty hath seriously
Decemb. 1645. Grey of Wark Speaker of the House of Peers pro tempore William Lenthal Speaker of the House of Commons His MAJESTIES Gracious Answer to both Houses sent by Sir Peter Killegrew December 29. For 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. ALthough the Message sent by Sir Peter Killegrew may justly require an expostulatory Answer yet His Majesty layes that aside as not so proper for His present Endeavours leaving all the World to judge whether His Proposition for a Personal Treaty or the flat denial of a safe Conduct for Persons to begin a Treaty be greater signs of a real Intention to Peace and shall now only insist upon His former Message of the 26. of this December That upon His repair to VVestminster He doubts not but so to joyn His Endeavours with His two Houses of Parliament as to give just satisfaction not only concerning the business of Ireland but also for the settling of a way for the payment of the Publick Debts as well to the Scots and the City of London as others And as already He hath shewn a fair way for the settling of the Militia so He shall carefully endeavour in all other particulars that none shall have cause to complain for want of Security whereby just Jealousies may arise to hinder the continuance of the desired Peace And certainly this Proposition of a Personal Treaty could never have entred into His Majesties Thoughts if He had not resolv'd to make apparent to all the World that the Publick good and peace of this Kingdom is far dearer to Him than the respect of any particular Interest Wherefore none can oppose this Motion without a manifest demonstration that he particularly envies His Majesty should be the chief Author in so blessed a Work besides the declaring himself a direct opposer of the happy Peace of these Nations To conclude whosoever will not be ashamed that his fair and specious Protestations should be brought to a true and publick Test and those who have a real sense and do truely commiserate the Miseries of their bleeding Countrey let them speedily and chearfully embrace His Majesties Proposition for His Persosonal Treaty at VVestminster which by the blessing of God will undoubtedly to these now distracted Kingdoms restore the Happiness of a long-wish'd-for and lasting Peace Given at the Court at Oxford the 29. day of December 1645. His MAJESTIES Message to both Houses from Oxford Jan. 15. 1645-46 For 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. BUT that these are times wherein nothing is strange it were a thing much to be marvelled at what should cause this unparallel'd long detention of His Majesties Trumpet sent with His Gracious Message of the 26. of December last Peace being the only subject of it and His Majesties Personal Treaty the means proposed for it And it were almost as great a wonder that His Majesty should be so long from inquiring after it if that the hourly expectation thereof had not in some measure satisfied His Impatience But lest His Majesty by His long silence should condemn Himself of Carelesness in that which so much concerns the good of all His People He thinks it high time to inquire after His said Trumpeter For since all men who pretend any goodness must desire Peace and that all men know Treaties to be the best and most Christian way to procure it and there being as little question that His Majesties Personal Presence in it is the likeliest way to bring it to a happy Issue He judges there must be some strange variety of accidents which causeth this most tedious Delay Wherefore His Majesty earnestly desires to have a speedy Account of His former Message the subject whereof is Peace and the means His Personal Presence at Westminster where the Government of the Church being setled as it was in the times of the happy and glorious Reigns of Queen Elizabeth and King James and full Liberty for the ease of their Consciences who will not communicate in that Service established by Law and likewise for the free and publick use of the Directory prescribed and by Command of the two Houses of Parliament now practised in some parts of the City of London to such as shall desire to use the same and all Forces being agreed to be Disbanded His Majesty will then forthwith as He hath in His Message of the 29. of December last already offered joyn with His two Houses of Parliament in setling some way for the payment of the publick Debts to His Scots Subjects the City of London and others And His Majesty having proposed a fair way for the setling of the Militia which now by this long Delay seems not to be thought sufficient Security His Majesty to shew how really He will imploy Himself at His coming to Westminster for making this a lasting Peace and taking away all Jealousies how groundless soever will endeavour upon debate with His two Houses so to dispose of it as likewise of the business of Ireland as may give to them and both Kingdoms just satisfaction not doubting also but to give good contentment to His two Houses of Parliament in the choice of the Lord Admiral the Officers of State and others if His two Houses by their ready inclinations to Peace shall give him encouragement thereunto Thus His Majesty having taken occasion by His just impatience so to explain His Intentions that no man can doubt of a happy issue to this succeeding Treaty if now there shall be so much as a Delay of the same He calls God and the World to witness who they are that not only hinder but reject this Kingdoms future Happiness it being so much the stranger that His Majesties coming to Westminster which was first the greatest pretence for taking up Arms should be so much as delayed much less not accepted or refused But His Majesty hopes that God will no longer suffer the Malice of Wicked men to hinder the Peace of this too much afflicted Kingdom Given at the Court at Oxford the 15. of January 1645. The Answer of both Houses to His MAJESTIES two former Messages of the 26. and 29. of Dec. May it please your Majesty WE your humble and loyal Subjects of both Kingdoms have received your Letters of the 26. and 29. of December last unto which we humbly return this Answer That there hath been no Delay on our parts but what was necessary in a business of so great a consequence as is exprest in our former Letter to Your Majesty Concerning the Personal Treaty desired by your Majesty There having been so much innocent blood of Your good Subjects shed in this War by Your Majesties Commands and Commissions Irish Rebels brought over into
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
Treason being first declared guilty of such Offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding And he or they that shall offend herein to be incapable of any Pardon from His Majesty His Heirs or Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided that the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and imploying the Forces of that City for the defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the making of the said Act or Proposition to the end that City may be fully assured it is not the intention of the Parliament to take from them any Priviledges or Immunities in raising or disposing of their Forces which they have or might have used or injoyed heretofore The like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit XIV That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament being the One and Twentieth day of May 1642. and who shall be hereafter made shall not sit or Vote in the Parliament of England without Consent of both Houses of Parliament and that all Honour and Title conferred on any without Consent of both Houses of Parliament since the Twentieth of May 1642. being the day that both Houses declared That the King seduced by evil Counsel intended to raise War against the Parliament be declared null and void The like for the Kingdom of Scotland those being excepted whose Patents were passed the Great Seal before the fourth of June 1644. XV. That an Act be passed in the Parliaments of both Kingdoms respectively for Confirmation of the Treaties passed betwixt the Two Kingdoms viz. the large Treaty the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Barwick of the 29 th of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. for the bringing of Ten Thousand Scots into the Province of Vlster in Ireland with all other Ordinances and Proceedings passed betwixt the Two Kingdoms and whereunto they are obliged by the aforesaid Treaties And that Algernon Earl of Northumberland John Earl of Rutland Philip Earl of Pembroke and Montgomery Robert Earl of Essex Theophilus Earl of Lincoln James Earl of Suffolk Robert Earl of Warwick Edward Earl of Manchester Henry Earl of Stamford Francis Lord Dacres Philip Lord Wharton Francis Lord Willoughby Dudly Lord North John Lord Hunsdon William Lord Gray Edward Lord Howard of Escrich Thomas Lord Bruce Ferdinando Lord Fairfax Master Nathaniel Fiennes Sir William Armyne Sir Philip Stapleton Sir Henry Vane senior Master William Pierrepont Sir Edward Aiscough Sir VVilliam Strickland Sir Arthur Hesilrig Sir John Fenwick Sir VVilliam Brereton Sir Thomas VViddrington Master John Toll Master Gilbert Millington Sir VVilliam Constable Sir John VVray Sir Henry Vane junior Master Henry Darley Oliver Saint-John Esquire His Majesties Solicitor General Master Denzill Hollis Master Alexander Rigby Master Cornelius Holland Master Samuel Vassal Master Peregrine Pelham John Glyn Esquire Recorder of London Master Henry Marten Master Alderman Hoyle Master John Blakeston Master Serjeant VVilde Master Richard Barwis Sir Anthony Irby Master Ashurst Master Bellingham and Master Tolson Members of both Houses of the Parliament of England shall be the Commissioners for the Kingdom of England for Conservation of the Peace between the Two Kingdoms to act according to the Powers in that behalf exprest in the Articles of the large Treaty and not otherwise That His Majesty give His Assent to what the Two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished XVI That an Act be passed in the Parliaments of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30 th day of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. Qualification 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 VVilliam Earl of Newcastle Francis Lord Cottington George Lord Digby Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Derry Sir William Widdrington Colonel George Goring Henry Jermin Esquire Sir Ralph Hopton Sir John Biron Sir Francis Doddington Sir John Strangwayes Master Endymion Porter Sir George Radcliffe Sir Marmaduke Langdale Henry Vaughan Esquire now called Sir Henry Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde now called Sir Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddell junior Sir John Culpepper Master Richard Lloyd now called Sir Richard Lloyd Master David Jenkins Sir George Strode George Carteret Esquire now called Sir George Carteret Sir Charles Dallison Knight Richard Lane Esquire now called Sir Richard Lane Sir Edward Nicholas John Ashburnham Esquire Sir Edward Herbert Knight His Majesties Attorney General Earl of Traquaire Lord Harris Lord Rae George Gourdon sometime Marquess of Huntley James Graham sometime Earl of Montross Robert Maxwell late Earl of Nithisdale Robert Dalyell sometime Earl of Carnwarth James Gordon sometime Viscount of Aboyne Lodowick Linsey sometime Earl of Crawford James Ogleby sometime Earl of Airley James Ogleby sometime Lord Ogleby Patrick Ruthen sometime Earl of Forth James King sometime Lord Itham Alester Macdonald Irwing younger of Drunim Gordon younger of Gight Lesley of Auchentoule Colonel John Cockram Graham of Gorthie Master John Maxwell sometime pretended Bishop of Rosse and all such others as being Processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. Qualification 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 and by name The Marquess of VVinton Earl of VVorcester Edward Lord Herbert of Ragland Son to the Earl of VVorcester Lord Brudenell Carel Molineaux Esquire Lord Arundel of VVardour Sir Francis Howard Sir John VVinter Sir Charles Smith Sir John Preston Sir Bazill Brook Lord Audley Earl of Castlehaven in the Kingdom of Ireland VVilliam Sheldon of Beely Esquire Sir Henry Beddingfield 3. Qualification All persons who have had any hand in the plotting designing or assisting the Rebellion of Ireland except such persons who having only assisted the said Rebellion have rendred themselves or come in to the Parliament of England 4. Qualification That Humfrey Bennet Esquire Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Leè Sir John Pate John Ackland Edmund Windham Esquire Sir John Fitz-herbert
and Consent of the said Lords and Commons or of such Committees or Council in the Intervals of Parliament as they shall appoint 3. That during the same space of ten years the said Lords and Commons may by Bill or Ordinance raise and dispose of what Moneys and for what Forces they shall from time to time find necessary as also for payment of the Publick Debts and Damages and for all other the Publick uses of the Kingdom 4. And to the end the temporary Security intended by the three particulars last precedent may be the better assured it may therefore be provided That no Subjects that have been in Hostility against the Parliament in the late War shall be capable of bearing any Office of Power or publick Trust in the Commonwealth during the space of five years without Consent of Parliament or of the Council of State or to sit as Members or Assistants of either House of Parliament until the second Biennial Parliament be past III. For the present form of disposing the Militia in order to the Peace and Safety of this Kingdom and the Service of Ireland 1. That there be Commissioners for the Admiralty a Vice-Admiral and Rere-Admiral now to be agreed on with power for the forming regulating appointing of Officers and providing for the Navy and for ordering the same to and in the ordinary Service of the Kingdom and that there be a sufficient provision and establishment for Pay and maintenance thereof 2. That there be a General for Command of the Land-Forces that are to be in pay both in England Ireland and Wales both for Field and Garrison 3. That there be Commissioners in the several Counties for the standing Militia of the respective Counties consisting of Trained Bands and Auxiliaries not in pay with power for the proportioning forming regulating training and disciplining of them 4. That there be a Council of State with power to superintend and direct the several and particular powers of the Militia last mentioned for the Peace and Safety of this Kingdom and of Ireland 5. That the same Council may have power as the King 's Privy Council for and in all Forreign Negotiations provided That the making of War or Peace with any other Kingdom or State shall not be without the Advice and Consent of Parliament 6. That the said power of the Council of State be put into the hands of trusty and able persons now to be agreed on and the same persons to continue in that power si bene se gesserint for a certain Term not exceeding seven years 7. That there be a sufficient establishment now provided for the Salary Forces both in England and Ireland the establishment to continue until two Months after the meeting of the first Biennial Parliament IV. That an Act be passed for disposing the great Offices for ten years by the Lords and Commons in Parliament or by such Committees as they shall appoint for that purpose in the Intervals with submission to the Approbation of the next Parliament and after ten years they to nominate three and the King out of that number to appoint one for the succession upon any vacancy V. That an Act be passed for restraining of any Peers made since the 21. day of May 1642. or to be hereafter made from having any power to sit or vote in Parliament without Consent of both Houses VI. That an Act be passed for recalling and making void all Declarations and other Proceedings against the Parliament or against any that have acted by or under their Authority in the late War or in relation to it and that the Ordinances for Indemnity may be confirmed VII That an Act be passed for making void all Grants c. under the Great Seal that was conveyed away from the Parliament since the time that it was so conveyed away except as in the Parliaments Propositions and for making those valid that have been or shall be passed under the Great Seal made by the Authority of both Houses of Parliament VIII That an Act be passed for Confirmation of the Treaties between the two Kingdoms of England and Scotland and for appointing Conservators of the Peace betwixt them IX That the Ordinance for taking away the Court of Wards and Liveries be confirmed by Act of Parliament Provided His Majesties Revenue be not damnified therein nor those that last held Offices in the same left without reparation some other way X. An Act to declare void the Cessation of Ireland c. and to leave the prosecution of that War to the Lords and Commons in the Parliament of England XI An Act to be passed to take away all Coercive Power Authority and Jurisdiction of Bishops and all other Ecclesiastical Officers whatsoever extending to any Civil Penalties upon any and to repeal all Laws whereby the Civil Magistracy hath been or is bound upon any Ecclesiastical Censure to proceed ex officio unto any Civil Penalties against any persons so censured XII That there be a repeal of all Acts or Clauses in any Act enjoyning the use of the Book of Common Prayer and imposing any Penalties for neglect thereof as also of all Acts or Clauses in any Act imposing any penalty for not coming to Church or for Meetings elsewhere for Prayer or other Religious Duties Exercises or Ordinances and some other provision to be made for discovering of Papists and Popish Recusants and for disabling of them and of all Jusuites or Priests from disturbing the State XIII That the taking of the Covenant be not enforced upon any nor any penalties imposed upon the Refusors whereby men might be constrained to take it against their Judgments or Consciences but all Orders or Ordinances tending to that purpose to be repealed XIV That the things here before proposed being provided for settling and securing the Rights Liberties Peace and Safety of the Kingdom His Majesties Person His Queen and Royal Issue may be restored to a Condition of Safety Honour and Freedom in this Nation without diminution to their Personal Rights or further Limitation to the Exercise of the Regal Power than according to the particulars aforegoing XV. For the matter of Compositions 1. That a less number out of the Persons excepted in the two first Qualifications not exceeding five for the English being nominated particularly by the Parliament who together with the persons in the Irish Rebellion included in the third Qualification may be reserved to the future Judgment of the Parliament as they shall find cause all other excepted persons may be remitted from the Exception and admitted to Composition 2. That the Rates for all future Compositions may be lessened and limitted not to exceed the several proportions hereafter exprest respectively That is to say 1. For all persons formerly excepted not above a third part 2. For the late Members of Parliament under the first Branch of the fourth Qualification in the Propositions a fourth part 3. For other Members of Parliament in the second and third Branches of the
Proclamations and other Proceedings against it to be void An Act concerning Peers lately made and hereafter to be made An Act concerning the Adjournments of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Raising settling and maintaining Forces by Sea and by Land within the Kingdoms of England and Ireland and Dominion of VVales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed BE it Enacted by the King's Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled shall during the space of twenty years from the first of November 1647. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land service and shall appoint all Commanders and Officers for the said Forces and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and shall from time to time appoint all Commanders and Officers for the said Forces or remove them as they shall see cause and shall likewise nominate appoint place or displace as they shall see cause all Commanders and Officers within the several Garrisons Forts and Places of strength as shall be within the Kingdoms of England Ireland and Dominion of Wales the Isles of Gernsey and Jersey and Town of Barwick upon Tweed and that neither the King His Heirs or Successors nor any other but such as shall act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the powers aforesaid And be it further enacted by the Authority aforesaid That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise and that all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered disposed or disbanded by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And be it further Enacted by the Authority aforesaid That the said Lords and Commons during the said space of twenty years shall have power in such sort and by such ways and means as they shall think fit and appoint to suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and also to suppress any Forreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and likewise to conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of twenty years judg fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdoms shall go into or continue in the other Kingdom without the Advice and desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them respectively appointed for that purpose And be it Enacted by the Authority aforesaid That after the expiration of the said twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea and Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any of them nor exercise any of the said Powers or Authorities before-mentioned and expressed to be during the said space of twenty years in the said Lords and Commons nor do any act or thing concerning the Execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained And be it further also Enacted That after the expiration of the said twenty years in all cases wherein the said Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any part of the said Forces or concerning the said Admiralty or Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after Declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given
thereunto Provided always and be it further Enacted by the Authority aforesaid That nothing herein before contained shall extend to the taking away of the ordinary Legal Power of Sheriffs Justices of Peace Maiors Bailiffs Coroners Constables Headboroughs or other Officers of Justice not being Military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers or any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary Command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons and that if any persons shall be gathered and assembled together in Warlike manner or otherwise to the number of Thirty persons and shall not forthwith separate and disperse themselves being required thereto by the said Lords and Commons or Command from them or any by them especially authorized for that purpose then such person and persons not so separating and dispersing themselves shall be guilty and incur the pains of High Treason being first Declared guilty of such Offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding and he or they that shall offend herein shall be incapable of any Pardon from His Majesty His Heirs and Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided also further That the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and imploying the Forces of that City for the Defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the sitting of this present Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act for justifying the Proceedings of Parliament in the late War and for Declaring all Oaths Declarations Proclamations and other Proceedings against it to be void WHereas the Lords and Commons assembled in Parliament have been necessitated to make and prosecute a War in their just and lawful Defence and thereupon Oaths Declarations and Proclamations have been made against them and their Ordinances and Proceedings and against others for adhering unto them and for executing Offices Places and Charges by Authority derived from them and Judgments Indictments Outlawries Attainders and Inquisitions for the causes aforesaid have been had and made against some of the Members of the Houses of Parliament and other his Majesties good Subjects and Grants have been made of their Lands and Goods Be it therefore Declared and hereby Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That all Oaths Declarations and Proclamations heretofore had or made against both or either of the Houses of Parliament or any the Members of either of them for the causes aforesaid or against their Ordinances or Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from the said Houses or either of them and all Judgments Indictments Outlawries Attainders Inquisitions and Grants thereupon made and all other Proceedings for any the causes aforesaid had made done or executed or to be had made done or executed whether the same be done by the King or any Judges Justices Sheriffs Ministers or any others are void and of no effect and are contrary to and against the Laws of the Realm And be it further Enacted and hereby Declared by the Authority aforesaid That all Judges Justices of the Peace Maior Sheriffs Constables and other Officers and Ministers shall take notice hereof and are hereby prohibited and discharged in all time to come from awarding any Writ Process or Summons and from pronouncing or executing any Judgment Sentence or Decree or any way proceeding against or molesting any of the said Members of the two Houses of Parliament or against any of the Subjects of this Kingdom for any the causes aforesaid Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning Peers lately made and hereafter to be made BE it Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament That all Honour and Title of Peerage conferred on any since the twentieth day of May 1642. being the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament be and is hereby made and declared Null and Void Be it further Enacted and it is hereby Enacted by the Authority aforesaid that no Person that shall hereafter be made a Peer or His Heirs shall sit or vote in the Parliament of England without consent of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Adjournments of both Houses of Parliament BE it Declared and Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by the Authority of the same That when and as often as the Lords and Commons assembled in this present Parliament shall judge it necessary to adjourn both Houses of this present Parliament to any other place of the Kingdom of England than where they now sit or from any place adjourn the same again to the place where they now sit or to any other place within the Kingdom of England that then such their Adjournment and Adjournments to such places and for such time as they shall appoint shall at all times and from time to time be valid and good any Act Statute or Usage to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That no Adjournment or Adjournments to be had or made by reason or colour of this Act shall be deemed adjudged or taken to make end or determine any Session of this present Parliament And they also commanded us to present to Your Majesty these ensuing Propositions Heads of the Propositions 1. That the new Seal be confirmed and the old Great Seal and all things passed under it since May 1642. be made void 2. That Acts be passed for raising Moneys to satisfie Publick Debts 3. That Members of both Houses put from their places by the King be restored 4. That the Cessation in Ireland be made void and the War left to both Houses 5. That an Act of Indemnity be passed 6. That the Court of Wards be taken away and such Tenures turned into common Soccage 7. That the Treaties between the English and Scots be confirmed and Commissioners appointed for Conservation of the Peace between the Kingdoms 8. That the Arrears of the Army be paid out of the Bishops Lands forfeited Estates and Forests 9. That an Act be
your Majesties Letter of the tenth of August instant Westminster 25. Aug. 1648. Your Majesties most loyal and most humble Subjects and Servants Manchester Speaker of the House of Peers pro tempore William Lenthal Speaker of the House of Commons Die Jovis 24. Aug. 1648. Resolved upon the Question by the Lords and Commons in Parliament assembled That for opening a way towards a Treaty with his Majesty for a safe and well-grounded Peace these four Votes following are hereby revoked and taken off viz. 1. Resolved That the Lords and Commons do declare That they will make no further Addresses or Applications to the King 2. Resolved by the Lords and Commons assembled in Parliament That no Application or Addresses be made to the King by any person whatsoever without the leave of both Houses 3 Resolved by the Lords and Commons assembled in Parliament That the person or persons that shall make breach of this Order shall incur the penalties of high Treason 4. Resolved That the Lords and Commons do declare That they will receive no more any Message from the King and do enjoyn that no person whatsoever do presume to receive or bring any Message from the King to both or either of the Houses of Parliament or to any other person Resolved by the Lords and Commons That his Majesty be desired to send to the Houses the Names of such Persons as he shall conceive to be of necessary use to be about him during this Treaty they not being persons excepted by the Houses from Pardon or under restraint or in actual War against the Parliament by Sea or Land or in such numbers as may draw any just cause of suspicion And that his Majesty shall be in the Isle of Wight in the same state and Freedom as he was in when he was last at Hampton-Court Resolved That the Houses do agree that such Domestick Servants not being in the former Limitations as his Majesty shall appoint to come to attend upon his Majesties Person shall be sent unto him Resolved That the Town of Newport in the Isle of Wight named by the King shall be the Place for this Treaty with his Majesty Resolved That if the King shall think fit to send for any of the Scotish Nation to advise with him concerning the Affairs of the Kingdom of Scotland only the Houses will give them a safe Conduct they not being persons under restraint in this Kingdom or in actual War against the Parliament by Sea or Land or in such numbers as may draw any just cause of suspicion Resolved That Five Lords and Ten Members of the House of Commons be Commissioners to Treat with the King Resolved That the time of beginning the Treaty be within ten days after the Kings Assent to Treat as is agreed and to continue forty days after the beginning thereof Resolved That his Majesty be desired to pass his Royal Word to make his constant Residence in the Isle of Wight from the time of his Assenting to Treat until twenty days after the Treaty be ended unless it be otherwise desired by both Houses of Parliament and that after his Royal Word so passed and his Assent given to Treat as aforesaid from thenceforth the former Instructions of the 16. of November 1647. be vacated and these observed and that Colonel Hammond be authorized to receive his Majesties Royal Word passed to the two Houses of Parliament for his Residence in the Isle of Wight according as is formerly expressed and shall certifie the same to both Houses His MAJESTIES Answer to the Votes For the Earl of Manchester Speaker of the House of Peers pro tempore and William Lenthal Speaker of the House of Commons Carisbrook Monday 28. August 1648. MY Lord and Master Speaker I have received your Letter of the 25. of this Month with the Votes that you sent Me which though they are not so full as I could have wished for the perfecting of a Treaty yet because I conceive by what you have done that I am in some measure fit to begin one such is My uncessant and earnest desire to give a Peace to these My now distracted Dominions as I accept the Treaty and therefore desire that such five Lords and ten Commoners as My two Houses shall appoint be speedily sent fully Authorized and Instructed to Treat with Me not doubting but what is now wanting will at our meeting upon Debate be fully supplied not only to the furtherance of this Treaty but also to the consummating of a safe and well-grounded Peace So I rest Your good Friend CHARLES R. Here Inclosed I have sent you a List that ye have desired I desire in order to one of your Votes that ye would send Me a free pass for Parsons one of the Grooms of My Presence-Chamber to go into Scotland and that ye would immediately send him to Me to receive the Dispatch thither The List Duke Richmond Marq. Hartford Earl Lindsey Earl Southampton Gentlemen of My Bed-Chamber George Kirke James Leviston Henry Murrey John Ashburnham William Leg Grooms of My Bed-Chamber Thomas Davise Barber Hugh Henne Humph. Rogers William Levett Pages of My Back-Stairs Rives Yeoman of My Robes Sir Ed. Sidenham Robert Terwitt John Housden Querries with four or six of My Footmen as they find fittest to wait Mistress Wheeler Landress with such Maids as she will chuse Parsons a Groom of My Presence Sir Fulke Grevill Captain Titus Captain Burroughs Master Cresset Hansted Ab. Dowsett Firebrace to wait as they did or as I shall appoint them Bishop of London Bishop of Salisbury Doctor Shelden Doctor Hammond Doctor Holdsworth Doctor Sanderson Doctor Turner Doctor Heywood Chaplains Sir Thomas Gardiner Sir Or. Bridgman Sir Ro. Holbourne Mr. Geffrey Palmer Mr. Thomas Cooke Mr. J. Vaughan Lawyers Sir Edward Walker Mr. Phil. Warwick Nic. Oudart Charles Whitaker Clarks and Writers Peter Newton Clem. Kinersley to make ready the House for Treating A Letter from the Speakers of both Houses to His MAJESTY Sept. 2. MDCXLVIII With the Names of their Committee to Treat with Him YOur two Houses of Parliament have commanded us to acquaint Your Majesty that they have appointed the Earl of Northumberland the Earl of Pembroke the Earl of Salisbury the Earl of Middlesex and the Lord Viscount Say and Seale Members of the House of Peers and Thomas Lord Wenman Master Denzil Hollis Master William Pierrepont Sir Henry Vane junior Sir Harbottle Grimston Master Samuel Brown Master John Crew Master Recorder of the City of London Sir John Potts Master John Bulkeley Members of the House of Commons to Treat with Your Majesty at Newport in the Isle of Wight And though they cannot come within the time appointed yet they shall give their attendance with all convenient speed 2. Septemb. 1648. Your Majesties most loyal and humble Servants Hunsdon Speaker of the House of Peers pro tempore William Lenthal Speaker of the House of Commons His MAJESTIES Answer to both Speakers For the Lord Hunsdon Speaker of the House of
DIEU ET MON DROIT AETERNITATI SACRUM ΒΑΣΙΛΙΚΑ THE WORKS of CHARLES I. with his LIFE and MARTYRDOME Aly diutius Imperium tenucrunt nemo tam Fortiter reliquit Tacit. Hist. Lib. i. ΒΑΣΙΛΙΚΑ THE WORKS OF King Charles THE MARTYR With a COLLECTION of DECLARATIONS TREATIES and other PAPERS concerning the Differences BETWIXT His said Majesty AND HIS TWO HOUSES of PARLIAMENT With the History of His LIFE as also of His TRYAL and MARTYRDOME The Second Edition LONDON Printed for Ric. Chiswell at the Rose and Crown in St Paul's Church-Yard MDCLXXXVII In the first PART from p. 1. to p. 212. inclusively are contained THE LIFE of CHARLES I. p. 1 PAPERS concerning CHURCH-GOVERNMENT V. p. 75 PRAYERS used by His MAJESTY VII p. 93 MESSAGES for Peace XXXVIII p. 97 DECLARATIONS III. p. 130 LETTERS XLII p. 138 SPEECHES LIX p. 159 With the History of His TRYAL and DEATH p. 189 c. In the Second PART from p. 213. to the end inclusively are contained I. HIS MAJESTY's Declarations concerning His proceedings in His Four first PARLIAMENTS p. 217 II. Declarations and Papers concerning the Differences betwixt His MAJESTY and His Fifth PARLIAMENT p. 241 III. Declarations and Papers concerning the Treaty of Peace at Oxford MDCXLII III. p. 325. IV. A Declaration concerning the Cessation in Ireland Also Declarations and Passages of the Parliament at Oxford p. 401 V. Papers and Passages concerning the Treaty of Peace at Uxbridge p. 437 VI. Messages Propositions and Treaties for Peace With divers Resolutions and Declarations thereupon MDCXLV VI. VII VIII p. 547 VII An Appendix containing the Papers which passed betwixt His MAJESTY and the DIVINES which attended the Commissioners of the Two Houses at the Treaty at Newport concerning Church-Government p. 611 VIII ΕΙΚΩΠΒΑΣΙΛΙΚΗ p. 647 THE MORE PARTICULAR CONTENTS OF THE FIRST PART Omitting the LIFE THE Papers which passed betwixt His Majesty and Mr Alexander Henderson concerning the change of Church-Government Page 75 His Majesty 's Quaere concerning Easter 91 His Majesty's first Paper concerning Episcopacy ibid. Prayers used by King CHARLES in the time of His Troubles and Restraint I. A Prayer used at His Entrance into Excester after the Defeat of Essex in Cornwall 93 II. A Prayer for a Blessing on the Treaty at Vxbridge ibid. III. A Prayer for a Blessing on the Treaty at Newport ibid. IV. A Prayer for Pardon of Sin 94 V. A Prayer in times of Affliction ibid. VI. A Prayer in time of Captivity ibid. VII A Prayer in time of imminent danger 95 King CHARLES His Messages for Peace XXXVIII 1. His Message from Canterbury January 20. 1641 2. For the Composing of all Differences 97 2. His Message from Huntingdon March 15. 1641 2. In pursuance of the former ibid. 3. His Message from Nottingham August 25. 1642. When he set up His Standard 98 4. His Message from Sept. 5. 1642. In pursuance of the former 99 5. His Message from Sept. 11. 1642. In Reply to the Answer of both Houses to the former ibid. 6. His Message from Brainford Nov. 12. 1642. After the Defeat of the Rebels there 100 7. His Message from Oxford April 12. 1643. For the Disbanding of all Forces and His Return to the Houses ibid. 8. His Message from Oxford May 19. 1642. In pursuance of the former 101 9. His Message from Oxford March 3. 1643 4. For a Treaty 102 10. His Message from Evesholme July 4. 1644. After the Defeat of Waller at Cropredy Bridge ibid. 11. His Message from Tavestock Septemb. 8. 1644. After the Defeat of Essex in Cornwall 103 12. His Message from Oxford Decem. 13. 1644. For a Treaty by Commissioners ibid. 13. His Message from Oxford Decem. 5. 1645. For a safe Conduct for Persons to be sent with Propositions 104 14. His Message from Oxford Decem. 15. 1645. In pursuance of the former ibid. 15. His Message from Oxford Decem. 26. 1645. For a Personal Treaty 105 16. His Message from Oxford Decem. 29. 1645. In pursuance of the former 106 17. His Message from Oxford Jan. 15. 1645 6. In pursuance of the former ibid. 18. His Message from Oxford Jan. 17 1645 6. For an Answer to His former Messages 107 19. His Message from Oxford Jan. 24. 1645 6. In further Reply to their Answer 108 20. His Message from Oxford Jan. 29. 1645 6. Concerning Ireland 109 21. His Message from Oxford Febr. 26. 1645 6. For an Answer to the former 111 22. His Message from Oxford March 23. 1645 6. Concerning his Return to the Houses ibid. 23. His Message from Southwell May 18. 1646. After His departure to the Scots 112 24. His Message from Newcastle June 10. 1646. For Propositions for Peace and a Personal Treaty 113 25. His Message from Newcastle Aug. 1. 1646. For a Personal Treaty upon their Propositions 114 26. His Message from Newcastle Dec. 20. 1646. For a personal Treaty at or near London ibid. 27. His Message from Holdenby Feb. 17. 1646 7. For the Attendance of some of His Chaplains 115 28. His Message from Holdenby March 6. 1646 7. In pursuance of the former 116 29. His Message from Holdenby May 12. 1647. In answer to their Propositions ibid. 30. His Message from Hampton-Court Sept. 9. 1647. In Answer to the Propositions presented to Him there 118 31. His Message left at Hampton-Court Nov. 11. 1647. At His departure from thence 119 32. His Message from the Isle of Wight Nov 17. 1647. For a Treaty With His Propositions 120 33. His Message from Carisbrook Decem. 6. 1647. For an Answer to the former 122 34. His Message from Carisbrook Decem. 28. 1647. In Answer to the four Bills and Propositions 123 35. His Message from Carisbroâ—k Aug. 10. 1648. In Answer to the Votes for a Treaty 124 36. His Letter to the Speakers from Carisbrook Aug. 28. 1648. With the Names of those He desired to attend him at the Treaty 125 37. His Letter to the Speakers From Carisbrook Sept. 7. Concerning the Treaty 126 38. His Message from Newport Sept. 29. 1648. With His Propositions ibid. His MAJESTY's Declarations 1. His Majesty's Declaration after the Votes for No further Address Jan. 18. 1647 8. 130 2. His Majesty's Answer to their Reasons for the Votes for No further Address 132 3. His Majesty's Declaration concerning the Treaty at Newport and the Armies Proceedings 136 4. Quaeries propounded by His Majesty concerning the intended Tryal of His Majesty 137 His MAJESTY's Letters XL. To the Queen XXI p. 138 139 140 143 144 145 146 147 148 149 150 151 152 153 154. The Queen to the King VII 140 141 142 145 146. To the Prince II. 156 158. The Prince to the King 158 To the House of Peers 138 To the Duke of York 156 To the Prince Elector 142 To Prince Rupert 155 To the Duke of Richmond 144 To the Marquess of Ormond IV. 142 144 148 149. To the Earl of Essex 141 To the Lord Mountague 156 To the Lord Jermin 153 To Secretary Nicholas 155 To
the Nobility wherein He acquitted Himself with a Bravery equal to his Dignity And on the Sunday following attending His Father to the Sermon at St Paul's Cross and to the Service inthe Quire He shewed as much humble Devotion there as He had manifested Princely Gallantry in his Justs admired and applauded by the People for His Accomplishments in the Arts both of War and Peace That he could behave Himself humbly towards His God and bravely towards his Enemy pleased with the hardiness of His Body and ravished with his more generous Mind that the Pleasures of the Court had not softned one to Sloth nor the supremest Fortune debauched the other to Impiety Confident in these An. 1622 and other evidences of a wise Conduct the King without acquainting his Counsel sends the Prince into Spain there to Contract a Marriage with the Infanta and as a part of the Portion to recover the Palatinate which His Sisters Husband had lost and was by the Emperour cantel'd to the Duke of Bavaria and the King of Spain And herein He was to Combate all the Artists of State in that Court the practices of that Church and put an Issue to that Treaty wherein the Lord Digby though much conversant in the Intriegues of that Council had been long cajoled To that Place he was to pass Incognito accompanied only with the Marquess of Buckingham Mr Endymion Porter and Mr Francis Cottington through France where to satisfy His Curiosity and shew Himself to Love He attempted and enjoyed a view of the Court at Paris and there received the first Impression of that Excellent Princess who was by Heaven destined to His Chast Embraces Satisfied with that sight no lesser enjoyments of any Pleasure in that great Kingdom nor Vanity of Youth which is hardly curbed when it is allyed to Power could tempt His stay or a discovery of His Greatness but with a speed answerable to an active Body and Mind He out-stripped the French Posts which were sent to stop Him although that King had intelligence of His being within his Dominions immediately after their departure from the Louvre The certain news of His safe arrival at Madrid drew after Him from hence a Princely Train and raised the Censures of the World upon the King As being too forgetful of the Inhospitality of Princes to each other who when either Design Tempests or Necessity have driven their Rivals in Majesty upon their Coasts without a Caution they let them not part without some Tribute to their Interest and a fresh Example of this was in the King 's own Mother who seeking Refuge in England with her Sister Queen Elizabeth from a Storm at Home did lose both her Liberty and Life This none daring to mind the King of his Jester Archee made him sensible by telling him He came to change Caps with him Why said the King Because replyed Archée Thou hast sent the Prince into Spain from whence He is never like to return But said the King what wilt thou say when thou seest Him come back again Mary says the Jester I will take off the Fools Cap which I now put upon thy Head for sending Him thither and put it on the King of Spain's for letting him return This so awakened the King's apprehension of the Prince's danger that it drove him into an exceeding Melancholy from which he was never free till he was assured of the Prince's return to his own Dominions which was his Fleet in the Sea and that was not long after For notwithstanding the contrasts of his two prime Ministers there Buckingham and Bristol which were sufficient to amaze an ordinary Prudence and disturb the Counsels of so young a Beginner in the Mysteries of Empire and the Arts of Experienced Conclaves the impetuous attempts of the Spanish Clergy either for a change of His Religion or a Toleration of theirs the Spleen of Olivares whom Buckingham had exasperated He so dexterously managed the Treaty of Marriage that all the Articles and Circumstances were solemnly sworn to by both Kings By a civil Letter to the Pope which His Enemies Malice afterwards took as an occasion of Slander He procured a civil return with the grant of a Dispensation baffled the hopes of their Clergy by his Constancy in his own Profession and vindicated it from the odious aspersions of their Priests by causing our Liturgy to be translated into the Spanish Tongue and by His generous mien enthralled the Infanta for whom He had exposed His Liberty Yet having an insight into the practices of that Court that they would not put the Restitution of the Palatinate into the consideration of the Portion but reserve it as a Super-foetation of the Spanish Love and as an opportunity for the Infanta to reconcile the English Spirits who were heated by the late Wars into an hatred of the Spaniards and that this was but to lengthen out the Treaty till they had wholly brought the Palatinate under their Power He conformed His mind to the resolves of His Father who said He would never marry his Son with a Portion of His only Sister's Tears and therefore inclined to a Rupture But concealing His Purpose and dissembling His Knowledge of their Designs He consulted His own Safety and Return which His Father's Letters commanded which He so prudently acquired that the King of Spain parted from Him with all those endearments with which departing Friends ceremoniate their Farewells having satisfied him by a Proxie left with the Earl of Bristol to be delivered when the Dispensation was come Which as soon as He was safe on Shipboard by a private Express He commanded him to keep in his hands till further Order His return to England An. 1623 which was in October 1623. was entertained with so much joy and thanksgiving as if He had been the happy Genius of the whole Nation and his entrance into London was as a triumph for His Wisdom their Bonfires lengthned out the day and their Bells by uncessant ringing forbad sleep to those Eyes which were refreshed with His sight Nor could the People by age or sickness be confined at home but despising the prescriptions of their Physicians went to meet Him as restored Health When He had given the King an account of His Voyage and the Spanish Counsels not to restore the Palatinate a Parliament was summoned which was so zealous of the Honour of the Prince that both Houses voted an Address to his Majesty that he would no longer treat but begin a War with Spain and desiring the Prince's mediation who was always ready to gratifie the Nation therein to his Father they assured Him they would stand by Him with their Lives and Fortunes but yet when the War with the Crown descended unto Him they shamefully deserted Him in the beginning of His Reign When neither a Wife nor Peace was any longer to be expected from Spain both were sought for from France by a Marriage with Henrietta Maria the youngest Daughter of Henry the IV.
The Love of whom the Prince had received by the Eye and She of Him by the Ear. For having formerly received impressions from the relations of His Gallantry when she was told of His passing through Paris She answered as it is reported that if He went to Spain for a Wife He might have had one nearer hand and saved Himself a great part of the labour In the midst of these Preparations for War and Love An. 1625 King James died at Theobalds Sunday March 27. An. 1625. and Prince CHARLES was immediately proclaimed at the Court-Gate King of Great Britain France and Ireland and so throughout all the three Kingdoms with infinite Rejoycings The people expecting all the benefits of the happiest Government under Him whose private and youthful part of Life had been so spent that it had nothing in it to be excused and where the eager Inquisitors for matter of Reproach met with no satisfaction An argument of a solid Vertue that could hold out against all the Vices of Youth that are rendred more impetuous by Flatteries and Plenty which are continually resident in great Courts For had any Debauchery polluted His earlier Days it had been published by those who in scarcity of just Accusations did invent unimaginable Calumnies Nor could it have been hid for in a great Fortune nothing is concealed but Curiosity opens the Closets and Bed-chambers especially of Princes and discovers their closest Retirements exposing all their Actions to Fame and Censure Nor did the King deceive their hopes they being the happiest People under the Sun while he was undisturbed in the administration of Justice His first publick Act was the Celebrating His Father's Funeral whereat He Himself was Chief Mourner contrary to the Practice of His Royal Predecessors and not conformable to the Ceremonies of State Either preferring Piety to an unnatural Grandeur or urged by some secret Decree of Providence that in all the Ruines of His Family He should drink the greatest Draught of Tears or His Spirit presaging the Troubles of the Throne He would hallow the Ascent to it by a Pious Act of Grief When He had pay'd that Debt to His Deceased Father He next provided for Posterity and therefore hastened the coming over of His Dearest Consort whom the Duke of Chevereux had in His Name Espoused at the Church of Nostre-Dame in Paris and He receiving Her at Dover the next Day after Trinity-Sunday at Canterbury began his Conjugal Embraces A Lady of most excellent Endowments who assumed to Her self nothing in His Good Fortune but the Joy and in His Evil bore an equal share for She reverenced Him not His Greatness Thus having dispatched the Affairs of His Family He applies Himself to those of His Kingdoms which too much Felicity had made unmanageable by a moderate Government And He seemed not so much to ascend a Throne as enter upon a Theatre to wrestle with all the difficulties of a corrupted State whose long Peace had softned almost all the Nobless into Court-pleasures and made the Commons insolent by a great Plenty The Rites and Discipline of Religion had been blotted out by a long and uninterrupted Prosperity and Factions crept from the Church into the Senate which were made use of by those that endeavoured the alteration of Government and the Resolves of that Council were the Dictates of some heady Demagogues who fed the Vulgar with hopes of Novelty under the name of Liberty so that the King could not endure their Vices nor they His Vertues whence came all the Obstructions to His Designs for Glory and the Publick Good The Treasury had been exhausted to satiate the unquiet and greedy Scots and the People were taught not to supply it unless they were bribed with the blood of some Minister of State or some more advantages for Licentiousness Each of these single would have ennobled the Care of an Ordinary Prudence to have weathered out but when all these conspired with the Traiterous Projects of Men of unbounded and unlawful hopes they took from Him His Peace and that which the World calls Happiness but yet they made Him Great and affording Exercises for His most excellent Abilities rendred Him Glorious The different states of these Difficulties when like Clouds they were gathering together and when they descended in showres of Blood divide the King's Reign into two parts The first could not be esteemed days of Peace but an Immunity from Civil War The other was when He was concluded by that Fatal Necessity either to part with His Dignity and expose His Subjects to the Injuries of numerous Tyrants or else to exceed the calmer temper of His peaceful Soul and make use of those necessary Arms whereby he might hope to divert if possible the Ruine of Church and State which He saw in projection In the first part He had no Wars at home but what was in the Houses of Parliament which though their first Institution designed for the production of just Counsels and assistances of Government yet through the just Indignation of Heaven and the practices of some unquiet and seditious Persons became the Wombs wherein were first conceived and formed those monstrous Confusions which destroyed their own Liberty caused our Miseries and the King's Afflictions His first Parliament began June 18. At the opening of which the King acquainted them with the necessity of Supplies for the War with Spain which they importunately had through His Mediation engaged His Father in and made it as Hereditary to Him as the Crown His Eloquence gave powerful Reasons for speedy and large summs of Money did also audit to them the several disbursements relating both to the Army and Navy that He might remove all Jealousies of misimployment and give them notice how well He understood the Office He had newly entred upon and how to be a faithful Steward of the Publick Treasure But the Projectors of the alteration of Government brought into Debate two Petitions one for Religion the other for Grievances formed in King James's time which delayed the Succours and increased the Necessities which at last they answered but with two Subsidies too poor a stock to furnish an Army with yet was kindly accepted in expectation of more at the next Session For the Infection seising upon London the Parliament was adjourned till August when they were to meet at Oxford and at that time He passed such Acts as were presented to Him At the next Session he gave a complying and satisfactory answer to all their Petitions and expected a Retribution in larger Subsidies towards the Spanish War But in stead of these there were high and furious Debates of Grievances consultations to form and publish Remonstrances Accusations of the Duke of Buckingham Which the King esteeming as reproaches of His Government and assaults upon Monarchy dissolves that Assembly hoping to find one of a less cholerick complexion after His Coronation This inauspicious Meeting drew after it another Mischief the miscarriage of the Designs upon Spain For
the Supplies of Money being scanty and slow the Fleet could not go forth till Octob. 8. an unseasonable time in the British Seas and their first contest was with Winds and Tempests which destroying some scattered all the Ships When they met a more dangerous Storm fell among the Souldiers and Seamen where small Pay caused less Discipline and a Contempt of their General the Lord Wimbleton rendred the attempt upon Cades vain and fruitless This was followed by a Contagion to which some conceive discontented minds make the Bodies of Men more obnoxious in the Navy which forced it home more empty of Men and less of Reputation The Infection decreasing at London the King performed the Solemnities of His Coronation Feb. 2. with some alterations from those of His Predecessors for in the Civil He omitted the usual Parade of riding from the Tower through the City to White-Hall to save the Expences that Pomp required for more noble undertakings In the Spiritual there was restored a Clause in the Prayers which had been pretermitted since Henry VI. and was this Let Him obtain favour for this People like Aaron in the Tabernacle Elisha in the Waters Zacharias in the Temple give Him Peter ' s Key of Discipline Paul ' s Doctrine Which though more agreeing to the Principles of Protestantism which acknowledgeth the Power of Princes in their Churches and was therefore omitted in the times of Popery yet was quarrelled at by the Factious Party who take advantages of Calumny and Sedition from good as well as bad circumstances and condemned as a new invention of Bishop Laud and made use of to defame both the King and him After this He began a second Parliament Feb. 2. wherein the Commons voted Him four Subsidies but the Demagogues intended them as the price of the Duke of Buckingham's Blood whom Mr Cook and Dr Turner with so much bitterness inveighed against as passing the modesty of their former dissimulation they taxed the King's Government Sir Dudley Digges Sir John Elliot and others carried up Articles against him to the Lords House in which to make the Faction more sport the Duke and the Earl of Bristol did mutually impeach each other By these contrasts the Parliament were so highly heated that the Faction thought it fit time to put a Remonstrance in the Forge which according to their manner was to be a publick Invective against the Government But the King having notice of it dissolves the Parliament June 18. An. 1626. and the Bill for the Subsidies never passed An. 1626 This misunderstanding at home produced another War abroad For the King of France taking advantage of these our Domestick embroilments begins a War upon us and seiseth upon the English Merchants Ships in the River of Bourdeaux His pretence was because the King had sent back all the French Servants of the Queen whose insolencies had been intolerable But the World saw the vanity of this pretext in the Example of Lewis himself who had in the like manner dimitted the Spanish Attendants of his own Queen and that truly the unhappy Counsels in Parliament had exposed this just Prince to Foreign Injuries Which He Magnanimously endeavoured to revenge and to recover the Goods of His abused Subjects and therefore sent the Fleet designed for Justice upon Spain to seek it first in France But the want of Money made the Preparations slow and therefore the Navy putting out late in the Year was by Storms forced to desist the Enterprize So that what was the effect only of the malice of His Enemies was imputed by some to a secret Decree of Heaven which obstructed His just Undertakings for Glory The next Year the King An. 1627 quickened by the Petitions of the Rochellers who now sued for His Protection as well as by the Justice of His own Cause more early prosecuted His Counsels and sent the Duke of Buckingham to attach the Isle of Rhe which though alarmed to a greater strength by the last Year's vain attempt yet had now submitted to the English Valour had not the Duke managed that War more with the Gayeties of a Courtier than the Arts of a Soldier And when it was wisdom to forsake those Attempts which former neglects had made impossible being too greedy of Honour and to avoid the imputation of fear in a safe retreat he loaded his overthrow with a new Ignominy and an heavier loss of Men the common fate of those Who seek for Glory in the parcels lose it in the gross Which was contrary to the temper of his Master who was so tender of humane Blood that therefore He raised no Wars but found them and thought it an opprobrious Bargain to purchase the fruitless Laurels or the empty name of Honour with the Lives of Men but where the publick Safety required the hazard and loss of some particulars This Expedition being so unhappy and the Miseries of Rochel making them importunate for the King's Assistance His Compassionate Soul was desirous to remove their Dangers but was restrained by that necessitous condition the Faction had concluded Him under To free Himself from which that He might deliver the oppressed he doth pawn His own Lands for 120000 Pounds to the City and borrows 30000 l. more of the East-India Company but this was yet too narrow a Foundation to support the Charges of the Fleet and no way so natural to get adequate supplies as by a Parliament which He therefore summons to meet March 17. intending to use all Methods of Complacency to unite the Subjects Affections to Himself Which in the beginning proved successful for the modesty of the Subjects strove with the Piety of the King An. 1628 and both Interests contended to oblige that they might be obliged The Parliament granted the King five Subsidies and He freely granted their Petition of Right the greatest Condescension that ever any King made wherein He seemed to submit the Royal Scepter to the Popular Fasces and to have given Satisfaction even to Supererogation These auspicious beginnings though full of Joy both to Prince and People were matter of Envy to the Faction and therefore to form new Discontents and Jealousies the Demagogues perswaded the Houses that the King 's Grant of their Petition extended beyond their own hopes and the limits themselves had set and what He had expresly mentioned and cautioned even to the taking away His Right to Tonnage and Poundage Besides this they were again hammering a Remonstrance to reproach Him and His Ministers of male-administration Which Ingratitude He being not able to endure on June 26. adjourns the Parliament till Oct. 20. and afterward by Proclamation till Jan 20. following In the interim the King hastens to send Succours to Rochel and though the General the Duke of Buckingham was at Portsmouth Assassinated by Felton armed as he professed with the publick Hatred yet the Preparations were not slackned the King by His personal Industry doing more to the necessary furnishing of the Fleet in ten or twelve
Days then the Duke had done in so many Months before But in the mean while Rochel was barricadoed to an impossibility of Relief Therefore the Earl of Lindsey who commanded the Forces after some gallant yet fruitless attempts returned to England and the Rochellers to the Obedience of the French King As Providence had removed the great Object of the Popular hate and as was pretended the chief Obstruction of the Subjects Love to their King the Duke of Buckingham so the King Himself labours to remove all other occasions of quarrel before the next Session He restores Archbishop Abbot who for his remissness in the Discipline of the Church had been suspended from his Office and was therefore the Darling of the Commons because in disgrace with the King so contrary are the affections of a corrupted State to those of their Governours to the administration of it again Dr Potter the great Calvinist was made Bishop of Carlisle Mr Mountague's Book of Appello Caesarem was called in Proclamations were issued out against Papists Sir Thomas Wentworth an active Leader of the Commons was toward the beginning of this Session as Sir John Savil had been at the end of the last called up into the Lord's House being made Viscount Wentworth and Lord President of the North. But the Honours of these Persons whose Parts the King who well understood Men thought worthy of His Favour and Employment seeming the rewards of Sedition and the spoils of destructive Counsels the Demagogues were more eager in the pursuit of that which these had attained unto by the like arts And therefore despising all the King 's obliging Practices in the next Session they assumed a Power of reforming Church and State called the Customers into question for Levying Tonnage and Poundage made now their Invectives as they formerly did against the Duke against the Lord Treasurer Weston so that it appeared that not the Persons of Men but the King's trust of them was the object of their Envy and His Favour though never so Vertuous marked them out for Ruine And upon these Points they raised the Heat to such a degree that fearing they should be dissolved e're they had time to vent their Passions they began a Violence upon their own Body an Example which lasted longer then their Cause and at last produced the overthrow of all their Priviledges They lock'd the Doors of the House kept the Key thereof in one of their own Pockets held the Speaker by strong Hand in the Chair till they had thundred out their Votes like dreadful Anathemaes against those that should levy and which was more ranting against such as should willingly pay the Tonnage and Poundage This Force the King went with His Guard of Pensioners to remove which they hearing adjourned the House and the King in the House of Lords declaring the Injustice of those Vipers who destroyed their own Liberties dissolved the Parliament While the Winds of Sedition raged thus furiously at home more gentle gales came from abroad The French King's Designs upon other Places required Peace from us and therefore the Signiory of Venice by her Ambassadors was moved to procure an Accord betwixt Charles and Lewis An. 1629 which the King accepted And not long after the Spaniard pressed with equal necessities desired Amity which was also granted The King being thus freed from His Domestick Embroilments and Foreign Enmities soon made the World see His Skill in the Arts of Empire and rendred Himself abroad more considerable then any of His Predecessors And He was more glorious in the Eyes of the good and more satisfied in His own Breast by confirming Peace with Prudence then if He had finished Wars with destroying Arms. So that His Scepter was the Caduceus to arbitrate the differences of the Potentates of Europe His Subjects likewise tasted the sweetness of a Reign which Heaven did indulge with all its favours but only that of valuing their Happiness While other Nations weltred in Blood His People enjoyed a Profound Peace and that Plenty which the freedom of Commerce brings along with it The Dutch and Easterlings used London as the surest Bank to preserve and increase their Trading The Spanish Bullion was here Coined which advantaged the King's Mint and encreased the Wealth of the Merchants who returned most of that Money in our Native Commodities While He dispensed these Blessings to the People An. 1630 Heaven was liberal to Him in giving Him a Son to inherit His Dominions May 29. An. 1630. which was so great matter of rejoycing to the People of uncorrupted minds that Heaven seemed also concerned in the Exultation kindling another Fire more than Ordinary making a Star to be seen the same day at noon From which most men presaged that that Prince should be of high Undertakings and of no common glory among Kings which hath since been confirmed by the miraculous preservation of Him and Heaven seemed to conduct Him to the Throne For this great Blessing the King gave publick Thanks to the Author of it Almighty God at St Paul's Church and God was pleased in a return to those thanks with a numerous Issue afterwards to increase this Happiness For neither Armies nor Navies are such sure props of Empire as Children are Time Fortune private Lusts or Errors may take off or change Friends but those that Nature hath united must have the same Interest especially in Royal Families in whose Prosperities strangers may have a part but their Adversities will be sure to crush their nearest Allies Prospering thus in Peace at home a small time assisted His frugality to get such a Treasure and gave Him leasure to form such Counsels as might curb the Insolence of His Enemies abroad He confederated with other Princes to give a check to the Austrian Greatness assisting by his Treasure Arms and Counsel the King of Sweden to deliver the oppressed German States from the Imperial Oppressions And when Gustavus's Fortune made him Insolent and he would impose unequal Conditions upon the Paltsgrave the King's Brother-in-law He necessitated him notwithstanding his Victories to more easie Articles The next year was notorious for two Tryals An. 1631 one of the Lord Audley Earl of Castlehaven who being accused by all the abused parts of his Family of a prodigious wickedness and unnatural uncleanness was by the King submitted to a Tryal by his Peers and by them being found guilty was condemned and his Nobility could be no patronage for his Crimes but in the King's eyes they appeared more horrid because they polluted that Order and was afterwards executed The other was of a Tryal of Combate at a Marshal's Court betwixt Donnold Lord Rey a Scottish High-lander and David Ramsey a Scottish Courtier The first accused the last to have sollicited him to a Confederacy with the Marquess Hamilton who was then Commander of some Forces in assistance of the King of Sweden in which Ramsey said all Scotland was ingaged but three and that their friends had gotten
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
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
Honour than those who had even forced Him to it like those malignant and damned Spirits who upbraid unhappy Souls with those Crimes and ruines to which they themselves have tempted and betrayed them But the heaviest Censor was Himself for he never left bewailing His Compliance or rather Connivence with this Murder till the issue of his Blood dried up those of His Tears By the other Bill He had as some censured renounced His Crown and granted it to those men who at present exercised so Arbitrary a Power that they wanted nothing but length of time to be reputed Kings and this they now had gotten But the more Speculative concluded it an act of especial Prudence for the King made that an evidence of His sincere intention to oblige His people and overcome the Malice of His Enemies with Benefits which the Faction would have usurped and by the boldness of the attempt ingaged the People to them as the only Patrons of their Liberty And they were furnished with an Example for it by their Confederates in Scotland who indicted an Assembly without the King's leave and continued it against His pleasure and as all imitations of Crimes exceed their first pattern it was conceived these men whose furies were more unjust and so would be more fierce intended to improve that Precedent to the extreamest guilt The Bill was no sooner signed but they hastened the Execution and so much the more eagerly because the King desired in a most passionate Letter delivered by the Prince to the Lords that the Excellent Soul which found so much Injustice on Earth might have the more time to fit it self for the Mercy of Heaven But this favour which became Christians to grant agreed not with the Religion of his Adversaries and therefore the second day after he was brought to the Scaffold on Tower-Hill in his Passage thither he had a sight of the Archbishop of Canterbury whose Prayers and Blessing he with a low Obeisance begged and the most pious Prelate bestowed them with Tears where with a greater presence of mind than he had looked his Enemies in the face did he encounter Death and submitted his neck to the stroke of the Executioner He was a person of a generous Spirit fitted for the noblest enterprises and the most difficult parts of Empire His Counsels were bold yet just and he had a Vigour proper for the Execution of them Of an Eloquence next to that of his Master's masculine and most excellent He was no less affectionate to the Church than to the State and not contented while living to defend the Government and Patrimony of it he commended it also to his Son when he was about to die and charged his abhorrency of Sacriledge His Enemies called the Majesty of his Miene in his Lieutenancy Pride and the undaunted execution of his Office on the contumacious the insolency of his Fortune He was censured for committing that fatal Errour of following the King to London and to the Parliament after the Pacification with the Scots at York and it was thought that if he had gone over to his charge in Ireland he might have secured both himself and that Kingdom for his Majesty's Service But some attributed this Counsel to a necessity of Fate whose first stroke is at the brain of those whom it designs to ruine and brought him to feel the effects of Popular Rage which himself in former Parliaments had used against Government and to find the Experience of his own advices against the Duke of Buckingham Providence teaching us to abhor over-fine Counsels by the mischiefs they bring upon their Authors The Fall of this Great Man so terrified the other Officers of State that the Lord High Treasurer resigned his Staff to the Hands from whence he received it the Lord Cottington forsook the Mastership of the Court of Wards and the Guardian of the Prince returned Him to the King These Lords parting with their Offices like those that scatter their Treasure and Jewels in the way that they might delude the violence of their greedy pursuers But the King was left naked of their faithful Ministery and exposed to the Infusions and Informations of those who were either Complices or Mercenaries to the Faction to whom they discovered his most private Counsels When the Earl of Strafford was dead then did the Parliament begin to think of sending away the Scots who hitherto had much impoverished the Northern Counties and increased the charges of the Nation but now they were voted to receive 300000 l. under the notion of a Brotherly assistance but in truth designed by the Faction as a reward for their Clamours for the Earl's Blood yet were they kept so long till the King had passed away more of His Prerogative in signing the Bills to take away the High-Commission and the Star-Chamber After which spoils of Majesty they disband the English and the Scotch Armies August 6. and on the 10th of that Month the King follows them into Scotland to settle if it were possible that Kingdom But the King still found them as before when he satisfied their greedy appetites then would they offer Him their Lives and Fortunes but when gain or advantage appeared from His Enemies they appeared in their proper nature ungrateful changeable and perfidious whom no favours could oblige nor any thing but Ruine was to be expected by building upon their Love While the King was in Scotland labouring to settle that Nation by granting all that the Covetousness and Ambition of their Leaders pretended was for the Publick good and so aimed at no less than a Miracle by His Benefits to reduce Faith which like Life when it is once departed doth never naturally return into those perfidious breasts the Parliament adjourns and leaves a standing Committee of such as were the Leaders or the Servants of the Faction These prepared new Toils for His Majesties return and by them was the Grand Remonstrance formed in it were reckoned for Grievances all the Complaints of Men that were impatient of Laws and Government the Offences of Courtiers the unpleasing Resolves of Judges the Neglects or Rigours of the Ministers of Justice the undigested Sermons of some Preachers yea the Positions of some Divines in the Schools were all exaggerated to defame the present Government both in Church and State and to magnifie the skill of these State-Physicians that offered Prescripts for all these Distempers Beside more easily to abuse the Vulgar who reckon Misfortunes as Crimes unpleasing accidents were represented as designs of Tyranny and those things which had been reformed were yet mentioned as continued burthens From which the People were assured there could be no deliverance but by the Wisdom and Magnanimity of the Remonstrants To prepare the way for this the most opprobrious parts of it were first whispered among the Populacy that by this seeming suppression men impatient of Secrets might more eagerly divulge them and the danger appear greater by an affected silence Then prodigious Calumnies
which none but souls prone to any wickedness could believe of so Great a Man were formed of the King and such suspicions raised of Him and His Friends as might force them to some Injuries which hitherto they forbore and by securing themselves increase the Publick fears For Slanders do rather provoke most men than amend them and the provoked think more of their safety than to adjust their actions against their malicious Slanderers And when the minds of Men were made thus sollicitous concerning Dangers from the King to make them more pliable and ductile there was represented to them an inevitable anger of Heaven against the present state of things both in Church and State testified by many Prodigies that were related and portentuous Presages of Ruine Certain Prophecies for a credulity to which the English Vulgar are infamous from unknown Oracles are divulged which aenigmatically describe the King as a Monster and from such a Prince must proceed a change of Government Some vain persons also that gave themselves up to the Imposture of Astrologie were hired to terrifie the People with the unsignificant Conjunctions of Stars and from them to foretel Ruines to the better part of the World and an imminent destruction of Men of the long Robe and Alterations of States These were done to temper the minds of Men by a superstition for a guidance of their Ministers who being conceived to be the Ambassadours of Heaven were supposed to have it in their Commission to declare the Conditions of War and Peace and these either through the same weakness capable of the like terrours with the Vulgar or which is more to be abhorred corrupted as some were by the Caresses and gainful hopes that the Faction baited them with did justifie their Fears and increase them by applying some obscure Prophecies in Scripture to the present times and People compared the pretended Corruptions of our Church with the Idolatries of Israel and whatsoever was condemned in the Holy Records was parallel'd with the things they disliked here and all the Curses that God poured upon His irreconcileable and obdurate Enemies were denounced against such as differ'd from them or would not joyn with the Faction To make these Harangues more efficacious the Authors of them received the Reverence of the Demagogues who despising questioning and exposing to Affronts such sober Divines as would have cured the madness of the People appropriated to such Teachers the Titles of Saints Faithful Ministers Pretious Men and they on the other side made a return of Epithets to their Masters of the Servants of the Most High such as were to do the Work of the Lord That by their Counsels men were to expect new Heavens and a new Earth that they were Men that should prepare the Kingdom for Jesus Christ and lay the Foundations of the Empire of the Saints which was to last a Thousand years To make the Cry yet louder they permitted all Sects and Heresies a Licence of publick profession which hitherto Discipline the Care of the Common Peace and Religion had confined to secret Corners and permitted the Office of Teaching to every bold and ignorant Undertaker so that at last the dreggs of the People Usurped that Dignity and Women who had parted with the Natural Modesty of their Sex would not only speak but also rule in the Church All these in gratitude for their Licentiousness still perswaded to their Hearers the admiration of the Authors of it and bitterly inveighed against those whom the Care both of the Souls and Fortunes of Men would excite to repress them in many of their Raptures denouncing Wo and Judgment to the lawful Governours in Church and State While all these Methods of Ruine were preparing here the same anger of God the same madness of men raised up another Tempest in Ireland For the Popish Lords and Priests of Ireland who were the prime Composers of the Tragedies there were incouraged by the Success of the Scots who by a prosperous Rebellion as the Historian of those Troubles writes had procured for themselves such large Priviledges to an imitation which the present Jealousies in England where mutual Contrasts would employ all their force upon one another promised to be secure And they had an happy opportunity by the Vacancy in Government through the slaughter of the Earl of Strafford with whom the Irish Lords while they prosecuted him in England had removed all those other inferiour Magistrates that were most skilful in the Affairs of that Kingdom by accusing to the Faction some of them of Treason and others of an inclination to the Earl and had got preferred to their charges such as were either altogether unacquainted with the Genius of that People or favourers of the Conspiracy A strength they had also ready for those Eight Thousand which had been listed for the Scotish Expedition were unseasonably disbanded and the King in foresight they might cause some mischief in their own Countrey had therefore promised Four Thousand of them to the King of Spain yet would not the Parliament consent to their departure because as the Irish Lords suggested it would displease the King of France and when the King promised to send as many to the French Camp that likewise was not relished The Common Souldiers of that Army being thus made useless and therefore like Men of their employment most fierce when they were to be dismissed from the dangers of War were easily drawn into the Rebellion although very few of their Officers were polluted with the Crime The Irish Lords and Priests being allured by these our Vices and these several opportunities began their Rebellion Octob. 23. The Irish throughout that whole Kingdom on a sudden invading the unprovided English that were scattered among them despoiling them of their Estates Goods and many thousands of their Lives without any respect of Sex Age Kindred or Friendship and made them as so many Sacrifices to their bloody Superstition They missed but a little to have surprised Dublin But their Conspiracy being detected there and in some few other places the English name and interest was preserved in that Kingdom till they could receive Succours from hence The King had the first Intelligence of it in its very beginnings in Scotland and thereupon sent Sr James Stuart to the Lords of the Privie Council in Ireland to acquaint them with His Knowledge and Instructions and to carry all that Money that His present Stores could supply Besides He moves the Parliament of Scotland as being nearest to a speedy help who decline their Aids because Ireland was dependent upon the Crown of England At the same time also He sends post to the Parliament of England who less regard it the Faction applauding their Fortune that new Troubles were arisen to molest the King and that the Royal Power being thus assaulted in all three Nations there must shortly arise so many new Commonwealths Besides that it yielded fresh matter of reproach to His Majesty to whose Councils
at first secretly they whispered and at last publickly imputed that horrid Massacre Which Slanders were coloured by the Arts of the Irish Rebels who to dishearten the English from any resistance bragged that the Queen was with their Army That the King would come amongst them with Auxiliary Forces That they did but maintain His Cause against the Puritans That they had the King's Commission for what they did shewing indeed a Patent that themselves had drawn but thereto was affixed an Old broad Seal that had been taken from an obsolete Patent out of Farnham Abbey by one Plunckett in the presence of many of their Lords and Priests as was afterwards attested by the Confession of many That the Scots were in Confederacy with them to beget a Faith of which they abstained from the Lives and Fortunes of those of that Nation among them On the other side to incourage the Natives of their own Party they produce fictitious Letters wherein they were informed from England that the Parliament had passed an Act that all the Irish should be compelled to the Protestant Worship that for the first offence they should forfeit all their Goods for the second their Estates and for the third their Lives Besides they present them with the hopes of Liberty That the English Yoke should be shaken off that they would have a King of their own Nation and that the Goods and Estates of the English should be divided among the Natives And with these hopes of Spoil and Liberty and Irish were driven to such a Fury that they committed so many horrid and barbarous Acts as scarce ever any Age or People were guilty of In the mean while nothing was done for the relief of the poor English there but only some Votes passed against the Rebels till the King returned to London which was about the end of November where He with the Queen and the Prince were magnificently feasted by the Citizens and the chief of them afterwards by Him at Hampton-Court For he never neglected any honest Arts to gain His Peoples love to which they were naturally prone enough had not His Enemies methods and impulses depraved their Genius But this much troubled the Faction who envied that Reverence to Majesty in others which was not in themselves and they endeavoured to make these loves short and unhappy for they discountenanced the prime advancers of this Honour of the King and were more eager to render Him odious For having gotten a Guard about them they likewise insinuated into the people dangerous apprehensions as the cause of that Guard and every day grew more nice and jealous of their Priviledges and Power The King's advices to more tenderness of His Prerogative or His Advertisements of the scandalous Speeches that were uttered in their House they interpret as encroachments upon their Grandeur and upbraided the King for them in their Petitions to Him But their greatest effort upon Majesty was the Remonstrance after which they took all occasions to magnifie the apprehensions of those Fears which they had falsly pretended to in it This the Faction had before formed and now brought into the House of Commons where it found a strong opposition by those wise men that were tender of the publick Peace and Common Good though those who preferred their Private to the General Interest and every one that was short-sighted and improvident for the future were so fierce for it that the Debates were continued all Night till ten a Clock the next Morning so that many of the more aged and Persons of best Fortunes not accustomed to such watchings were wearied out and many others not daring to provoke the Faction in this their grand Design left the House so that at last they carried it yet but by eleven Votes Which they presented with a Petition to take away the Votes of Bishops in the House of Lords and the Ceremonies in the Church and to remove those Persons from His Trust which they could not confide in yet named none but only accused all under the name of a Malignant Popish Party Which they had no sooner delivered than they caused it to be published in print To which the King answers in another publick Declaration but so much to the Discontent of the Demagogues to find their Methods of Ruine so fully discovered as they were in His Majesties Answer that they had recourse to their former Sovereign Remedy which sober men accounted a Crime and an indignity to Government the Tumults of the Rabble Who in great numbers and much confusion came up to Westminster some crying out against Bishops others belching their fury against the Liturgy and a third Party roaring that the Power of the Militia should be taken out of the King's hands To their Clamours they added rude Affronts to those Lords whom their Leaders had taught them to hate and especially to the Bishops at their going in or coming out of the House and afterwards drawing up to White-Hall they appeared so insolent as it was evident they wanted only some to begin for there were enough to prosecute an assault upon the King in His own Palace The Bishops thus rudely excluded from their Right and Liberty of coming to the Parliament Twelve of them afterwards protest against the Proceedings of it during their so violent Exclusion Which Protestation the Commons presently accused of High Treason and caused their Commitment to the Tower where they continued them till the Bill against their Votes in the Lord's House was past that they might not produce their Reasons for their Rights and against the Injustice offered unto them and then afterwards released them The King also saw it necessary to take a Guard of such Gentlemen as offered their Service for His Safety and to prevent the prophaning of Majesty by the rude fury of the People who used to make their Addresses acceptable at Westminster by offering in their passage some base Affronts at White-Hall But when the terrour of this Guard had reduced them to some less degree of Impudencie they then instructed by their Heads laboured to make it more unsafe to the King by seeking to raise the Rage and Jealousie of the whole City against Him For at Midnight there were cries out in the Street that all People should arise to their defence for the King with His Papists were coming to fire the City and cut their Throats in their Beds Than which though nothing was more false yet it found the effects of truth and the People by such Alarms being terrified from sleep the impressions of those nightly fears lay long upon their Spirits in the day and filled them almost with Madness The King therefore not alwaies to incourage these Violences with Patience but at last by a course of Justice to take off those whom He had found to be the Authors of these destructive Counsels the grand Movers of these Seditious practices and which was more the Inviters of a Foreign Force the Scotch Army into this Nation commands
command strict Watches to be kept in all suspected places Beacons to be new set up the Sea-marks to be watched and the Navy to be new rigged and fitted for the Sea New Plots were also discovered and strange and unheard-of Counsels to murder the most Eminent Patriots are brought to light A Taylor in a ditch hears some desperate Cavaliers contriving the Death of Mr. Pym. A Plaister also taken from a Plague-sore was sent into the House to the same person that the Infection first seising on a Member of the quickest senses might thence more impetuously diffuse it self upon all the most Grave Senators Such like plots as these and whatsoever could be devised were published to make the Vulgar think those demands of the Faction seem modest their dangers being so great which were very unjust And lest the King should at His coming into the North make use of that Magazine at Hull which at His own Charges He had provided for the Scotch Expedition for His own defence the Faction to secure that and the Town for their future purposes send down Sir John Hotham without any Order or Commission from either House of Parliament to seise on them This man of a fury and impudence equal to their commands when the King petitioned by the Gentlemen of Yorkshire to employ those Arms and that Ammunition for the Safety and Peace of that County where some of the Factious Members of Parliament had begun to form the like Seditions with those of London An. 1642 would have entred Hull April 23. insolently shut the Gates upon Him and would not permit Him though with but twenty Attendants for He offered to leave the Guard of Noblemen and Gentlemen which followed Him without The King thereupon proclaims him Traitor and by Letters complains of the Indignity and requires Satisfaction But the Faction rendred the Act so glorious that the House of Commons by their Votes approved what he had done without their Command and clamoured that the King had done them an injury in proclaiming so innocent a Member Traitor Ordered the Earl of Warwick to whom they had committed the Command of the Navy to land some men out of the Ships at Hull and to transport the Magazine there from thence to London An Order of Assistance was also given to several of their Confidents as a Committee of both Houses to reside at Hull and the Counties of York and Lincoln were commanded to execute their commands Besides they sent a Commission to Hotham to prosecute the Insolencies he had begun and kindle that War which took fire on the whole Nation and in a short space consumed him and his Son who were executed by the Instructors of his Villany For he fell under the same Fate which attends all the Instruments of Great Crimes to be Odious and suspected by those that made use of them Therefore they gave such a power to the Lord Fairfax in Yorkshire as did conclude the diminution and submission of Hotham to his Commands This caused him to reflect with grief and madness upon his first ministery to the Faction which appeared every day more monstrous to his Conscience being now spoiled of that Grandeur that he hoped would have been its reward and awakened by those Desolations in the whole Kingdom which followed it and were but as the Copies of his Original Treason Therefore he thought to expiate his former guilt by surrendring the Town to Him from whom he had detained it But his practices were discovered to the Faction by One whom they had sent thither in pretence to preach the Gospel but in truth secretly to search into the intrigues of his Counsels so that he perished in his design being neither stout nor wise enough in just enterprises nor of a pertinancy sufficient for a prosperous Perfidiousness And although in his Ruine the King observed how great a draught was offered to the highest thirst of Revenge yet He did truly bewail him and indeed he was so much the more to be pitied because his cruel Masters deluded him to a silence of their black Secrets with a false hope of Life till the Ax was upon his Neck So betraying his Soul to a surprise by his Spiritual enemies as his pretended Spiritual Guides had done his Body to them The Insolency of Hotham who acted according to his Instructions and late Commission beginning acts not usual in Peace nor justifiable by Law for he issued out Warrants for the Trained Bands to march into Hull with their Arms where he forced them to leave them and nakedly return to their homes that so they might be obnoxious to his Violence and the practices of the Committee which were sent down into the North to debauch the People in their Loyalty made the King intend His own Security by a Guard which the Gentry and Commonalty of Yorkshire that were witnesses of the Injury offered to their Prince did willingly and readily make up No sooner had the King expressed His intention of such a Guard but the Faction who were watchful of all opportunities of beginning a War and ingaging those that either through Fear or Weakness had hitherto submitted to their Impostures in a more obliging guilt for now the greatest part of the Peers who were of the most ancient Families and noblest Fortunes and a very great number of the House of Commons Persons of just hopes and fair Estates who perceiving the designs of the Disturbers scorned any longer to be their Slaves yet not thinking it safe to provoke the fury of the Vulgar Tumults by a present opposition had withdrawn from the Parliament to follow the King and His Fortune and every day some more were still falling off took this occasion to commence our Miseries and open those Sluces of Blood which polluted the whole Kingdom For upon the first Intelligence of it they filled the House of Commons and the City with Clamours that His Majesty had now taken Arms to the overthrow of them and the Protestant Religion and that they were not any longer to think the Happiness of the Kingdom did depend upon the King or any of the Regal Branches of that Stock that it would argue no want either of Duty or Modesty if they should depose Him By these Harangues they so heated the Parliament that was now more penurious than before in persons of Honour and Conscience to such a degree of Fury that unmindful how they themselves for eight months before upon impossible Fears and improbable Jealousies had taken a Guard they Resolved upon the Question that the King by taking to himself such a Guard did intend to levy War against the Parliament With an equal fury they issue out Commissions into all parts of the Kingdom and appoint certain days for all the Trained Bands to be put into a posture of War sending down some of their Members to see to the execution of these Commands and to seise on the Magazines in the several Counties To all these their violent and unjust
attempts the King first opposes the Law in several Declarations manifests the Power of Arms to be the ancient and undoubted Right of the Crown by many Proclamations charges all men under the Crime and Penalties of Treason to forbear the Execution of those Ordinances which were published to license their Rebellion and answers with a wonderful Diligence and Eloquence all the fictious Pretensions of the Parliament to that Power in their several Remonstrances But though the King had in the judgment of all understanding and uninteressed persons the Juster Cause and the more powerful Pen yet the Faction's Hast which is most essicacious in civil Discords the Slanders they had raised of Him and impressed in the minds of the People the terrors of that Arbitrary Power which the House of Commons had a long while exercised in the vexatious prosecution of all such as did oppose their imperious Resolves for they would by their Messengers send for the Great Earls and Prime Barons of the Kingdom as Rogues and Felons and weary them and others with a tedious and chargeable Attendance oppress them with heavy and unproportionable Censures and restrain them by Illegal Imprisonments and the hopes of licence and spoil in the ruine of Church and State had so preoccupied the Minds of the inferiour Multitude that neither Law nor Religion could have the least consideration in their practices and those Persons whom His Majesty appointed as Commissioners of Array in few places found that Obedience which was due to the just Commands of a Gracious Prince who vainly expected that Reverence to Justice in others which Himself gave After the experience of their Power in these their Successes at Land and having gotten the whole Navy at Sea being made Masters of the most and greatest Strengths of the Kingdom they then thought it might be safe for them to publish the aims and ends of their most destructive designs which if sooner manifested when the King by his Message of the 20th of Jan. from Windsor-Castle advised them to prescribe the limits of their Privileges give full Boundaries to His own Power and propose what was in their judgments proper to make the People happy and most religiously promised an equal tenderness of theirs and the Peoples Rights as of His own and what was for the Publick good should not be obstructed for His Particular Emolument they had justly drawn upon themselves all that popular hatred which they endeavoured to fling upon the King and had been buried under those ruines which they projected for the Grave of Majesty But then the Faction confided not so much in their own force nor were the Vulgar then so blinded with fury as to chuse their own destruction and therefore to that Message of Peace nothing was returned but Complaints that by such Advisoes their Counsels were disturbed that it was contrary to their unbounded Privileges to be minded of what was necessary But now they were furnished with a Power equal to their Ambition they thought it expedient to confirm their newly-gotten Empire with some pretensions to Peace but with a great deal of Caution that the affectation of it might not disappoint them of their hopes which were all built upon War and Confusion Therefore they formed the Conditions such as the King could not in Honour or Conscience grant them nor expect Peace by them Or if He did they should be instated in such a Grandeur that they might reap for themselves all the reproachful Honours and unlawful gains of an Arbitrary Power the thing they aimed at and leave the King overwhelmed with shame and contempt for their miscarriages in Government These Conditions were digested into Nineteen Propositions which when presented to the King He saw by an assent to them He should be concluded to have deposed Himself and be but as an helpless and idle Spectator of the Miserie 's such Tyrants would bring upon the People whom God had committed to His Trust Therefore He gave them that denial which they really desired and expected and adjusts His refusal in a Declaration wherein He sets forth the Injustice of each Proposition His Answer He sent by the Marquess of Hertford and Earl of Southampton Persons of great Integrity and Prudence with Instructions to treat in the House of Peers upon more equal Conditions But it behoved the Faction not to let the Kingdom see any way to Peace therefore denying any admittance to those Lords before ever the King's Answer could publickly discover who were the obstructours of the Peoples quiet they Ordered a Collection to be made of Money and Plate to maintain Horse Horse-men and Arms for the ensuing War The specious Pretences for which were the Safety of the King's Person and the taking Him out of the hands of Evil Counsellors the Defence of the Privileges of Parliament the Preservation of the Protestant Religion and the maintenance of the ancient Laws of the Land Such inviting causes as these inflamed the Minds of the Multitude and filled them with more aiery hopes of Victory than the noise of Drums and Trumpets But that which was most powerful were the Sermons of such who being displeased with the present Ecclesiastical Government were promised the richest Benefices and a partage of the Revenues which belonged to Bishops Deans and Chapiters These from their Pulpits proclaimed War in the Name of Christ the Prince of Peace and whatsoever was contributed to the spilling of the Blood of the Wicked was to build up the Throne of the meekest Lamb and besides the satisfaction they were to expect from the Publick Faith which the Parliament promised there was a larger Interest to be doubled upon them in the Kingdom of Saints that was now approaching Deluded by these Artifices and Impostures People of all Conditions and all Sexes some carried by a secret Instinct others hurried by some furious Zeal and a last sort led by Covetousness cast into this Holy Treasury the Banck for Blood all the Ornaments of their Family all their Silver Vessels even to their Spoons with the Pledges of their first Love their Marriage-rings and the younger Females spared not their Thimbles and Bodkins the obliging Gifts of their Inamorato's from being a part of the Price of Blood But while these Preparations were made at London the King at York declares against the Scandal that He intended to Levy War against the Parliament calling God to witness how far His desires and thoughts were from it and also those many Lords who were Witnesses of His Counsels and Actions do publish to the World by a Writing subscribed with all their Names to the number of Forty and odd that they saw not any colour of Preparations or Counsels that might reasonably beget the belief of any such Design and were fully perswaded that He had no such intention But all was in vain for the Faction chose that the People should be rather guilty of committing Rebellion that only of favouring the Contrivers of it and decreed to try
whether by a prosperous Success they could change their Crimes to Vertue Therefore they hastened all they could to raise Horse and Foot to form an Army equal to their Usurpation which was not difficult for them to do for they being Masters of London whose multitudes desirous of Novelty were easily amassed for any enterprise especially when the entring into this Warfare might make the Servant freer than his Master for such was the Licence was indulged to those Youths that would serve the Cause 20000 were sooner gathered that the King could get 500. The City also could afford them more Ordnance than the King could promise to Himself common Muskets and to pay their Souldiers besides the vast summs that were gathered for Ireland which though they by their own Act had decreed should not be used for any other enterprise yet now dispense with their Faith and imploy it to make England as miserable as that Island and the Contributions of the deluded Souls for this War they seized also upon the Revenues of the King Queen Prince and Bishops and plunder the Houses of those Lords and Gentlemen whom they suspected to be Favourers of the King's Cause And in contemplation of these advantages they promised their credulous Party an undoubted Victory and to lead Majesty Captive in Triumph through London within a Month by the Conduct of the Earl of Essex whom they appointed General Thus did they drive that Just and Gracious Prince to seek His Safety by necessary Arms since nothing worse could befall Him after a stout though unhappy Resistance than He was to hope for in a tame Submission to their Violence Therefore though He perfectly abhorred those Sins which are the Consequences of War yet He wanted not Courage to attempt at Victory notwithstanding it seemed almost impossible against so well-appointed an Enemy Therefore with an incredible diligence moving from place to place from York to Nottingham from thence to Shrewsbury and the Confines of Wales by discovering those Abilities with which His Soul was richly fraught unto His deluded Subjects He appeared not only worthy of their Reverence but of their Lives and Fortunes for His Defence and in all places incouraging the Good with His Commendations exciting the fearful by His Example dissembling the Imperfections of His Friends but alwaies praising their Vertues He so prevailed upon those who were not Men of many Times nor by a former Guilt debauch'd to Inhumanity that He had quickly contracted an Army greater than His Enemies expected and which was every day increased by those Lords and Gentlemen who refused to be polluted any longer with the practices of the Faction by sitting among them and being Persons of large Fortunes had raised their Friends and Tenants to succour that Majesty that now laboured under an Eclipse Most Men being moved with Pity and Shame to see their Prince whose former Reign had made them wanton in Plenty to be driven from His own Palaces and concluded under a want of Bread to be necessitated to implore their Aid for the Preservation of His and their Rights So that notwithstanding all the Impostures of the Faction and the Corruptions of the Age there were many great Examples of Loyalty and Vertue Many Noble Persons did almost impoverish themselves to supply the King with Men and Money Some Private Men made their way through numerous dangers to joyn with the fight under His Colours Many great Ladies and vertuous Matrons parted with the Ornaments of their Sex to relieve His wants and some bravely defended their Houses in His Cause when their Lords were otherwhere seeking Honour in His service Both the Universities freely devoted their Plate to succour their Prince the Supreme Patron and Incourager of all Learning and the Queen pawned Her Jewels to provide necessaries for the Safety of Her Husband Which Duty of Hers though it deserved the Honour of all Ages was branded by the Demagogues with the imputation of Treason This sudden and unexpected growth of the Strength of the King after so many years of Slanders and such industrious Plots to make him odious and contemptible raised the admiration of all Men and the fears of the credulous Party who had given up their Faith to the Faction when they represented the King guilty of so much Folly and Vice and some corrupted Citizens had represented Him as a Prodigie of both in a Scene at Guild-Hall in London an Art used by Jesuites to impress more deeply a Calumny that they could not imagine any Person of Prudence or Conscience would appear in His Service and they expected every day when deserted by all as a Monster He should in Chains deliver Himself up to the Commands of the Parliament Some attributed this strange increase in power to the natural Affection of the English to their Lawful Sovereign from whom though the Arts and Impulses of Seditiouc Demagogues may a while estrange and divorce their minds yet their Genius will irresistibly at last force them to their first Love and therefore they urged the saying of that Observing States-man that if the Crown of England were placed but on a Hedge-stake he would be on that side where the Crown was Others referred it to the full evidence of the wickedness of His Adversaries for their Counsels were now discovered and their Ends manifest not to maintain the common Liberty which was equally hateful to them as Tyranny when it was not in their hands but to acquire a Grandeur and Power that might secure and administer to their Lusts and it was now every where published what Mr Hambden answered to one who inquired What he did expect from the King he replied That He should commit Himself and all that is His to our Care Others ascribed it to the fears of ruine to those numerous Families and Myriads of People which the change of Government designed by the Parliament must necessarily effect But this though it argued that Cause exceeding bad by which so great a part of a Community is utterly destroyed without any absolute necessity for preserving the whole yet made but an inconsiderable Addition to the King whose greatest Power was built upon Persons of the Noblest Extract and the fairest Estates in England of which they could not easily suspect to be devested without an absolute overthrow of all the Laws of Right and Wrong which nevertheless was to be feared by their invasions on the King's most undoubted Rights For when Majesty it self is assaulted there can be no security for private Fortunes and those that decline upon design from the paths of Equity will never rest till they come to the Extremity of Injustice as these afterwards did Besides those that imputed the speedy amassing of these Forces to the Equity of the King's Cause His most Powerful Eloquence indesatigable Industry and most Obliging Converse there were another sort that suspending their Judgments till all the Scenes of War were passed resolved all into the Providence of God Who though He were pleased
to single Him out of all the Kings of the Earth as the fittest Champion to wrestle with Adversity and to make Him glorious by Sufferings which being well born truly prove men Great yet would He furnish Him almost by a Miracle likewise with such Advantages in the conduct of which His Prudence and Magnanimity might evidence that He did deserve Propserity and by clearing up even this way His eminent Vertues warn the following Ages from a Credulity to unquiet Persons since the best of Princes was thus infamously slandered From all these concurring Causes each one in their Way and Order did the King's Strength so far increase as that He won many Battles and was not far from Conquest in the Whole War had not God seen fit to afflict this sinful Nation with Numerous and most Impious Tyrants and make us feel that no Oppressions are so unsupportable as those which are imposed by such as have made the highest Pretensions to Liberty of which we had bitter experience after the War was finished that was now begun For there had been some slight Conflicts ere this in the several Countries betwixt the Commissioners of Array and the Militia with various Successes which require just Volumes and compleat Histories to relate and cannot be comprehended in the short View of the King's Life where it is only intended to speak of those Battles in which the King in Person gave sufficient evidence of His Wisdom and Valour The first of which was at Edge-Hill on Oct. 23. For the King had no sooner gotten a considerable Force though not equal to those of His Enemies but He matched towards London and in His way thither met with Essex's Army that were come from thence to take Him The King having viewed their Army by a Prospective-glass from the top of that Hill and being asked afterwards by His Officers what He meant to do To give them battle said He with a present Courage it is the first time I ever saw the Rebels in a Body God and good Mens Prayers to Him assist the Justice of My Cause and immediately prepared for the Fight which was acted with such a Fury that near 6000 were slain according to the common account but some say a far less number were slain upon the place Night concluded this Battle which had comprehended the whole War had not the King 's prevailing Horse preferr'd the Spoils to Victory and left the Enemy some advantage to dispute for her But the King had all the fairest marks of her Favour For though He had lost His General yet he kept the Field possessed the dead Bodies opened His way toward London and in the sight of some part of the Army of Essex who accounted it a Victory that He was not totally routed and killed took Banbury and entred Triumphantly into Oxford which He had designed for His Winter-quarters with 150 Colours taken in fight And having assured that place He advances towards London whither Essex had gotten before Him and disposed his baffled Regiments within 10 Miles of the City yet the King fell upon two Regiments of them at Brainford took 500 Prisoners and sunk their Ordnance From thence intending to draw nearer London He had intelligence that the City had powred forth all their Auxiliaries to re-inforce Essex's Troops to which being unwilling to oppose His Souldiers wearied with their March nor thinking it safe to force an Enemy to fight upon Necessity which inspires a more than Ordinary Fury He retreats to Oxford having taught His Enemies that He was not easily to be overcome For in the management of this Battle He did not only undeceive the abused World of those Slanders which His Enemies had polluted Him with but He exceeded that Opinion His own Party had of His Abilities and though He parted from London altogether unexperienced in Martial Affairs yet at Edge-Hill He appeared a most Excellent Commander His Valour was also equal to His Prudence and He could as well endure Labours as despise Dangers And by a communication of toils encouraged His Souldiers to keep the Field all the Night when they saw He refused the refreshments of a Bed for He sought no other Shelter from the injuries of the Air than His own Coach These Vertues and this Success made such an impression on the Parliament that though they took all courses to hide the Infamy of their worsted Army yet in more humble Expressions than formerly they Petitioned the King for a Treaty of Peace which His Majesty very earnestly embraced But the Faction who were frighted with these Tendencies to an Accommodation cause some of the City to Petition against it and to make proffer of their Lives and Fortunes for the prosecution of the War Encouraged by this they form their Propositions like the Commands of Conquerours and so streighten the Power and time of their Commissioners that the Treaty at Oxford became fruitless which there had taken up all the King's Employment this Winter though abroad His Forces were busie in several Parts of the Nation not without Honour At the Opening of the Spring the Queen comes back to England An. 1643 bringing with Her some considerable Supplies of Men Money and Ammunition and Her coming was entertained with such a Series of Successes that the King that Summer was Master of the North and West except some few Garrisons Which so dismaied the Parliament that very many of them were preparing to quit the Kingdom and had the King followed His own Counsels to march immediately towards London and not been fatally over-born at a Council of War which it is said His Enemies at London did assure their Party would so be first to attempt Gloucester He had in the judgment of all discerning men then finished the War with Glory But here He lay so long till Essex had gotten a Recruit from London and came time enough to Relieve the Town though in his Return the King necessitated him to fight worsted him near Newbery and so bravely followed him the next day that He forced the Parliaments Horse which were left in the Reer to seek their safety by making their way over a great part of their Foot yet lost on His side much Noble Blood as the Earls of Carnarvan and Sunderland and Viscount Falkland This last was lamented by all being equally dexterous at the Pen and Sword had won some Wreaths in those Controversies that were to be managed by Reason and was eminent in all the Generous parts of Learning above any of his Fortune and Dignity After this Encounter the King returns to Oxford to consult with those Members of both Houses that had left the Impostures and Tumults at London to joyn with Him for the Common Benefit who being as to the Peers the far greater and as to the Commons an equal Number with those at Westminster they assumed the Name and Authority of Parliament and deliberated of the ways of Peace and means to prevent the Desolations which the Faction so
furiously designed who were now resolving to encrease our Miseries by Calling in the Scots to their assistance For though they pretended so highly to God's Cause as if they had the certainty of some Divine Revelation yet they would not trust Him for their Preservation notwithstanding their Pretences to his Cause had furnished them with so vast a Treasure and so mighty a Strength but would invite others to the Violation of most Sacred Oaths to sin against all Laws and every Rule of Justice that themselves might be secure in their Usurpations And that perfidious Party that then ruled in Scotland hoping for as great Advantages as their former Wickedness had yielded contrary to all Obligations which the King's Goodness had laid on them and their free and voluntary Execrations as was that of Alexander Lesley who lifting up His arms and hands to Heaven wished they might rot to his body before he died if ever he should heave them up hereafter or draw his Sword against so gude a King drew that people once more into Rebellion against their Prince and to make them more eager and think the Enterprize easie they first raised a Report that the King was deserted by most of His Nobility The Parliament at Oxford having by a Letter moved the Earl of Essex to endeavour Peace did also declare against this Invasion of the Scots by another Letter sent to them in which also they acquaint them with the falseness of their officious Lye and shew how inconsiderable a Number of Lords were with those that invited them in The King Himself writes also to put them in mind of their several Ingagements to be Quiet But with an Insolency fit for most perjured Souls they commanded the Letters to be burned by the hand of the Hangman A more secret falshood He also found in the Marquess Hamilton whose Treasons now came to be more suspected For His Majesty having written to him to use all his Power and Interest to keep his Country-men at home which had not been difficult for one of his Grandeur in that unquiet Nation he by some secret arts doth more inflame them and to cover his Perfidiousness flies from Scotland to Oxford as seeking a shelter for his Loyalty but indeed to be a Spy in the King's Counsels But his Treasons had out-stripp'd him and his Brother the Earl of Lanerick who came with him therefore they were both forbidden the Court. Lanerick not willing to tarry till a further Discovery gets out of Oxford flies to those at London and by them was employed in the Scotch Army which made Hamilton's Treachery more evident and he was sent Prisoner to Pendennis Castle But the dishonour of that Nation was in a great measure repaired by the Gallantry and Faithfulness of the Marquess Montrosse who being Commission'd by the King with an incredible Industry by small numbers of men won many Battels and overthrew well-formed Armies and had not the Fate of his Master which was to be betrayed by those He trusted been likewise common to him he had forced that Nation to Justice and Quiet But ere Montrosse could get his Commission the Scots were entred into England whose coming that it might be less odious to the People who now grew cold in their Zeal to the Cause and saw themselves deluded into so continued Dangers the Faction make use of such Frauds as should make the People either think them necessary Assistances or might divert their Thoughts from apprehending the Miseries they brought with them to this Nation therefore they invent new Slanders of the King and His Party That His Majesty did intend to translate Monarchy into a Tyranny that He would seize upon all their Estates who had any way opposed Him and make their Persons Slaves and that there was no hope of Pardon from Him who was so merciless that He would take away all their Liberties and Privileges as forfeited destroy the Protestant Religion and introduce Popery which at Oxford He did practise Himself and that all men must be forced to go to Mass As for His Party they set them out to be such Monsters that the lower sort of People doubted whether the Cavaliers had the shapes of men For sad Relations were Printed and Published of their Inhumanity and barbarous Murders That they did feast upon the Flesh of Men and that they fed their Dogs and their Horses with the same Diet to make them more fierce for the blood of the Godly Party that no man's house was so poor and mean that a Cavalier would think beneath his Rapine Thus they wrought upon the Melancholy Spirits of some by Fear For those of a Morose and Cholerick temper they had proper Divertisements they permitted to them a tumultuary Reformation to pull down the Pictures and Images of Christ the Virgin Mary and the Saints which with great Solemnity they committed to the Flames that they might suffer as it were another Martyrdom All Crosses though set up for Ornament and Use in the Streets of London and other places they pulled down they invade the Churches and there deface what their Humour or Rapine would call Superstition pull down the Organs tear the Surplices and all this was suffered to please the Rabble who delight in Violences and such Ostentations of their Fury and to make them in something or other guilty that they might despair of Pardon For others who were to be wrought upon by Religion they entertain them with Fasts publick Thanksgivings for slight Victories and solemn Spiritual Meetings as they called them where whatsoever the Faction dictated was commended by the Speakers to their unwary Hearers as the Oracles of Heaven and being thus wrapp'd up in those true Delights which accompany the Worship of God they were securely swallowed by them as Poyson when it is offered in a Sacramental Chalice To please their Ministers whom hitherto they had used as their Properties and Instruments of their Arts Presbytery is set up that they also might have an Imaginary Empire but it was not intended they should exercise it For the Pretensions of that to a Divine Right did so terrifie them who were resolved against all Government that was not subject unto or dependent on theirs that they presently raised all the other Sects Independents Erastians who for the most part were Lawyers that could not endure to hear of any Thunderbolts of Excommunication but what was heated in their own Forges Anabaptists Seekers and Atheists of which there were many sprung up who seeing how Religion was abused to carnal and unjust Ends began first to despise that and afterwards to deny God to write and declame against this new Polity as the most severe and absolute Tyranny under the Sun and the Tenth Persecution But this seeming Modesty of admitting a Church Government served their Ends for the present till they could acquire a greater strength in confidence of which they might slight the Terrors of the Law and the Anathema's of the Church The Liturgy
Fight which being varied with different successes in the several divisions each party drew off by degrees and neither found cause to boast of a Victory The King being returned to Oxford the Parliament wearied with the Complaints of the oppressed Nation who now grew impatient under the Distractions take into Consideration His Majesty's two Messages for Peace and sent Propositions for it in the name of the two Parliaments of England and Scotland united by Solemn League and Covenant Which though they seemed the desires of minds that intended nothing less than the common Tranquillity yet the King neglects them not but hoping that in a Treaty Commissioners might argue them into Reason offers it which with much difficulty the Houses are drawn to accept but yet would have it at Vxbridge a place but about fifteen miles distant from London and above twice that distance from Oxford And accordingly Commissioners from both Parties met on Jan. 30. While the King was providing for the Treaty and forming Instructions for His Ministers the Faction found the Parliament other work by new designs and to habituate the People to an abhorrency of Peace fed them with blood The two Hothams first were to be the Sport of the Multitude and that the Father might have more than a single death he was drawn back in his journey to the Scaffold Decemb. 31. that his Son might be executed before him as he was Jan. 10. when after he had expressed his fury to those Masters whom they had served to their ruines his Head was chopt off And on Jan. 20. the Father is brought to the place that was defiled with his Son's blood and had his own added to it These were not much lamented by any for the memory that they first kindled the Flame of the Nation kept every eye dry The People thus fed with courser blood a cleaner Sacrifice was afterwards presented William Laud Archbishop of Canterbury and Primate of all England He had indured Imprisonment four years and passed through a Trial of many months in which he had acquitted himself with such a confidence as became the Innocency and Constancy of a Christian Bishop and Confessor but yet must fall to please the Scots and those merciless men who imputed God's anger in the difficulties of Success against their Prince to the continuance of this Prelate's life therefore he was voted guilty of High Treason by the House of Commons and was condemned in the House of Peers though they have no power over the life of the meanest Subject without the concurrence of the King when there were but seven Lords present and all those not consenting to the Murder to be drawn hanged and quartered And this was the first Example of murdering men by Votes of killing by an Order of Parliament when there is no Law It was moved they say by some that he might be shipp'd over to New-England to die by the Contempt and Malice of those People But this seemed too great an Honour because it would make his end as his life was much like that of the Primitive Bishops who for their Piety were banished to Barbarous Coasts or condemned to the Mines Or else it would be like an Athenian Ostracism and confess him too great and good to live among us Therefore this motion was rejected yet the Lords upon his Petition to the distaste of some Commons changed the manner of that vile Execution to that more generous of being beheaded To the Scaffold he was brought Jan. 10. after he had endured some affronts in his Antichamber in the Tower by some sons of Schism and Sedition who unseasonably that morning he was preparing himself to appear before the great Bishop of our Souls would have him give some satisfaction to the Godly for so they called themselves for his Persecutions which he called Discipline To whom he answered That he was now shortly to give account of all his Actions at an higher and more equal Tribunal and desired he might not be disturbed in his Preparations for it When he came to the Scene of his death he appeared with that chearfulness and serenity in his face as a good Conscience doth beautifie the owners with and it was so conspicuous that his Enemies who were ashamed to see his Innocency pourtraited in his Countenance did report he had drunk some Spirits to force his nature from a paleness He preached his own Funeral Sermon on that Text Heb. 12. 2. and concluding his life with Prayer submitted himself to the stroke of the Ax. He was a Person of so great Abilities which are the Designations of Nature to Dignity and Command that they raised him from low beginnings to the highest Office the Protestant Profession acknowledges in the Church And he was equal to it His Learning appear'd eminent in his Book against Fisher and his Piety illustrious in his Diary although published by One that was thirsty of his blood and polluted with many malicious comments and false Surmises to make him odious He was of so Publick a Spirit that both the Church and State have lasting Monuments of the Vertuous use of his Prince's favour at his Admittance into which he dedicated all the future Emoluments of it to the Glory of God and the Good of Men by a Projection of many noble Works most of which he accomplished and had finished the rest had not the Fate of the Nation checked the current of his Designs and cut off the Course of his Life He was not contented by himself only to serve his Generation for so he might have appeared more greedy of Fame than desirous of the Universal Benefit but he endeavoured to render all others as Heroick if they aimed at a Capacity for his Friendship for I have heard it from his Enemies no great man was admitted to a confidence and respect with him unless he made his Address by some Act that was for the Common Good or for the Ornament and Glory of the Protestant Faith Learned men had not a better Friend nor Learning it self a greater Advancer he searched all the Libraries of Asia and from several parts of the World purchased all the Ornaments and Helps of Literature he could that the English Church might have if possible by his Care as many Advantages for Knowledge as almost all Europe did contribute to the Grandeur of that of Rome The Outward Splendour of the Clergy was not more his Care than their Honour by a grave and pious Conversation he would put them into a power of doing more good but was severe against their Vices and Vanities He scorned a private Treasure and his Kindred were rather relieved than raised to any greatness by him In his Election of Friends he was determinated to the Good and Wise and such as had both Parts and Desires to profit the Church had his closest Embraces if otherwise it happened their frauds not his choice deserved the blame Both Papists and Sectaries were equally his Enemies one Party feared
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
continue the Wounds of the Nation open and bleeding since there were many Forts yet held out for the King by Gallant Persons besides the Lord Hopton had an Army yet unbroken and Ormond and Montross had considerable Interests in Ireland and Scotland all which might be perswaded in a Treaty to part with those Arms which could not be taken from them without much blood and it was the common belief that these Men sought for Victory not Peace and Liberty which was now tendred therefore to raise suspicions in the Vulgar it is suggested that the Cavaliers who came to Compound would take the advantage of the King's Presence if he were permitted to be there and kindle a new Flame and War in the City And that it might be thought they had real grounds for these fears the disarmed Compounders were commanded to depart above twenty Miles from London and to injealous the People more all the transactions of the King in the Irish Pacification were published and amplified with the malicious Slanders and Comments of the implacable and conscious Demagogues that so the terrours of the Vulgar being augmented they might be frighted into a longer patience The King finding these men irreconcileable to Peace and that they had declared against His Coming though without a Caution tries the Leaders of the English Army but they proved no less pertinacious and were now approaching to besiege Oxford Providence not leaving any more Choice but only shewing Him a way for a present Escape He goes in a Disguise which when Necessity cloaths Royal Persons with seems like an Ominous Cloud before the Setting of the Sun to the Scottish Camp that was now before Newark where the Ambassadour of the King of France who was then in the Leaguer had before covenanted for His Majestie 's Safety and Protection and the Scottish Officers had engaged to secure both Him and as many of His Party as should seek for Shelter with them and to stand to Him with their Lives and Fortunes The King being come thither May 4. made a great alteration in Affairs An. 1646 Newark was surrendred by the King's Command and St Thomas Glemham having gallantly defended Oxford till the Besiegers offered Honourable Conditions delivered up that also But the greatest Change of Counsels were at London where when it was related among whom the King had sought a Sanctuary various and different Discourses were raised Some wondred that His Majesty had sought a refuge there where the Storm began and how He could apprehend to find Relief from those that were not only the Authors of His Troubles but now the great Advancers of His Overthrow And they conceived no Promises or Oaths can be a sufficient Caution from those People that have been often Persidious Others judged that in those Necessities wherein the King was concluded it was as dangerous not to trust as to be deceived no Counsel could be better than to try whether a Confidence in them would make them faithful and whether they would then be honest when they had the Critical Opportunity to testifie to the World that they intended not what they did but what they said That they fought not against Him but for Him But a last sort bewailed both the greatness of the King's Dangers that should make Him seek for Safety in a tempestuous Sea and false bottom as also the debaucheries of the English Genius which was now so corrupted that their Prince was driven to seek an Asylum from their injuries among a People that were infamous and polluted with the Blood of many Kings While others discoursed thus of the King's journey the Parliament heated by the Independents fiercely declared against the Scots who were removing the King to Newcastle and used several methods to make them odious and drive them home For they kept back their Pay that they might exact free-Quarter from the Countrey then they did extenuate their Services derogate from their famed Valour upbraid them as Mercenaries threaten to force them out by the Sword All which while the English Presbyterians though they wish'd well to their Brethren yet lest they should seem to indulge the Insolencies of a strange Nation did not dare to plead in their defence But the Scots themselves for a time did justifie their Reception and Preservation of His Majesty by the Laws of Nature Nations and Hospitality which forbid the delivery and betraying of those that have fled to any for Succour The Democratick Faction urged that it was not lawful for the Scots their Hirelings and in their Dominion to receive the King into their Camp without the leave of their Masters and keep Him without their Consent These Debates were used to raise the King's price Which when the Scots were almost assured of to make their ware more valuable they sollicit the King in hopes of their Defence to command Montross to depart-from his noble Undertakings in Scotland where he had almost recovered the Overthrow Roxbrough and Traquaire had betrayed him unto and was become formidable again as also the Loyal Marquess of Ormond to desist from his gallant Oppositions both of the Irish Rebels and English Forces Which when the King had done being not willing those Gallant Persons should longer hazard their brave Lives and after both these Excellent Leaders had more in anger than fear parted with their unhappy Arms that they might have a colour of betraying Him whom the General Assembly of Scotland which useth to hatch all the Seditions to the heat and strength of a seeming Authority had forbid to be brought into His Native and Ancient Kingdom as He affectionately call'd it they tender Him the Covenant pretending without that Chain upon Him they did not dare to lead Him into Scotland This His Majesty refused not if they would first loose those Scruples of Church-Government which lay upon His Conscience Therefore to untie those Knots Mr. Henderson that was then the Oracle of the Kirk and the great Apostle of the Solemn Covenant was employed to converse with Him But the Greatness of the King's Parts and the Goodness of His Cause made all his attempts void for the Papers being published every one yielded the Victory to His Majesty and unfortunate for he returned home and not long after died as some reported of a Grief contracted from the sense of his Injuries to a Prince whom he had found so Excellent While these things were acting at Newcastle the bargain was stroke at London and for 200000 l. His Majesty stripp'd of those Arms He had when He came among them was deliver'd up as it were to be scourged and crucified to some Commissioners from the Parliament But to honest their Perfidiousness they add this Caution That there should be no attempt made upon the King ' s Person but being entertained at one of His own Palaces He should there be treated with upon Propositions from both Nations which should speedily be sent to Him But the Parliament never though of sending any Propositions till He
came under the Power of the Army who had malicious Designs upon His Person The Commissioners receiving Him convey Him to His own House at Holmeby This was a very curious and stately Building yet was not therefore chosen because it might be a Majestick Prison but because it was within Ken of Naseby which was infamous with His Overthrow that so the Neighbourhood to it might more afflict His grieved Spirit To this unpleasingness of the Place they added other discomforts by making the restraint so strict that they suffered none to come near Him that by owning His Cause were assured of their Welcome yea even His Chaplains which most troubled Him were debarred from their Ministery But God supplied this Want by more plentiful Assistances of His Holy Spirit and made Him like the Ancient Patriarchs both a King and a Priest at least for Himself and here He sacrificed Praises even to that God that hid himself and composed those most Divine Meditations and Soliloquies that are in His Book spending that time in Converse with Heaven which He was not suffered to employ with Men in whom He delighted While the King's Soul was thus winged above the Walls of His Prison and the Fortune of His Enemies they that had put an end to the War yet could not find the way to Peace for their Souls were unequal to the Victory and could not temper their Success the two Sects falling to dissension and turning all their arts and arms one against another The Presbyterians had the richer and more splendid followers but the Independents the most fierce subtle and most strongly principled to Confusion the first was powerful in the Parliament but the latter in the Army After they had a long time practised on one another the very same Methods they had acted against the King and such as favoured Him in the Parliament of which there were always some Number among them the Independents still gained upon their Opposites making the Presbyterians odious by Libels composed to render their Government ridiculous and tyrannical by putting them upon all the most envious Employments as Reforming the Universities and Sequestring Ministers that refused to take the Covenant Not contented thus to deal with their elder Brethren by spoiling them of their Honour they proceeded to strip them of the relicks of their armed Power surprising them in Parliament with a Vote to disband all the Souldiers that were not in Fairfax's Army then the General turns out those Commanders of Garrisons that were any way inclined to them Besides this they either corrupted with Gifts or frighted some of the most busie yet obnoxious Presbyterians either wholly to come over to them or be their Instruments in disturbing and revealing the Counsels of that Party which was done under the Scheme of Moderation and Reconciling the Godly one to another The Presbyterians at last awakened with the daily wounds of their power An. 1647 and the dishonour of their party began now to be more afraid of their Stipendiaries than they were of their Sovereign for they found that they lost all that by the Victory which they sought by the War therefore to break the confidence of the Independents and make themselves free they Vote in the Parliament where they had most Voices That to ease the Commonwealth of the Charges in maintaining the Army 12000 of the Souldiers should be sent over to Ireland and all the rest to be disbanded except 6000 Horse 2000 Dragoons and 6000 Foot who should be disposed in different and distant places in the Nation to prevent any Rising The Commanders and Independents soon discovered the Artifice that it was not to ease the Nation but weaken them therefore they employ the Inferiour Officers being persons that by dissimulation and impudence having accustomed themselves to much speaking did at last imagine their Vices were Gifts of the Holy Ghost and so were fit to disquiet the minds of men to possess the common Souldiers with a fear of Disbanding without their Arrears or else to be sent into that unquiet Island to perish with hunger and cold and the surprises of a treacherous Enemy This presently set the Army to Mutiny which while it was in the Beginnings the Commanders make semblance of Indignation at it seem very busie to compose it and Cromwell to make the Parliament secure calls God to witness that he was assured the Army would at their first Command cast their Arms at their Feet and again solemnly swears that he had rather himself with his whole Family should be consumed than that the Army should break out into Sedition Yet in the mean time he and his Creatures in the Army administer new fuel to the flames of it and when they had raised their Fury to such heat that it was at last concocted to a perfect defection from all obedience to the Parliament they lay aside their disguises and post from London to the Head Quarters where the Synagogue of Agitators was seated and to whom was committed the management of this Conspiracy This Conventicle was made up of two of the most unquiet and factious in every Regiment of Foot and each Troop of Horse their business was to consult the Interests of the whole Army and when they had moulded their Pretences and Arts to their grand Design to instruct the ruder part of it in their Clamours and Injuries and to corrupt all the Garrisons by Emissaries to the same enterprises At last they extended their Cares to the whole British Empire and dictate what their pleasures are concerning England and Ireland Which was in both Kingdoms to establish the Power and Liberty of the People for they openly professed an intent for Democracy And because about an hundred Officers in the Army would not be forward in the Sedition they were by this Committee of Adjutators and the secret intimations of the Commanders cashiered Thus the Counsels of both Parties being directed to overthrow their contrary each thought the Person and Presence of the King would be no vain advantage to their Designs for they would Honest their actions with a care of Him therefore the Presbyterians had it in Consultation to Order Col. Greves who had the Command of the Guard about the King at Holmeby to remove His Majesty to London the Intelligence of which coming to the Army by the treachery of a certain Lord they immediately send a body of Horse to prevent them and to force Him into their own Quarters Thus was that Religious Prince made once more the mock of Fortune and the sport of the Factions and was drawn from His peaceful Contemplations and Prospect of Heaven to behold and converse with men set on Fire of Hell These to tempt Him to a Confidence in their integrity that they might the more easily to His disgrace ruine Him and murder Him by His own Concessions if He would be deluded by them highly pretend to a Compassionate Sense of His Sufferings and complain of the Parliaments Barbarous Imprisoning Him
Him tryed and condemned by their Council of War But the Chiefs thought fit to proceed more artificially in their Crime and when they should get more Authority destroy Him by a Parliamentary way of Justice To bring this about they must proceed to make Him more odious that the People might be patient while they kill Him and undoe them To proceed therefore to their Impiety Cromwell and his Creatures stickle fiercely in the House of Commons and cause the Parliament to send not Conditions of Peace to be treated on but Propositions like Commands that admitted no Dispute which if the King had yielded unto He had despoiled Himself of Majesty and been thought guilty of so much want of Spirit as would conclude an unfitness for Empire besides such a voluntary Diminution would have been equally unsafe as unglorious And if he did not then He was to be esteemed the only Obstacle of the Universal Peace And lest the King should put them to more tedious arts by signing them they themselves to divert Him privately promised to procure more soft Articles and professed to be sorry the Presbyterian Sowreness and Rigour did yet leaven the House which made these Propositions so unpleasant The King could not but perceive the practices of the Army yet being resolved that no Dangers whatsoever should make Him satisfie those unreasonable Demands of the Parliament which granted would have been the heaviest oppression on His Subjects and the greatest injury to His Posterity He could possibly be guilty of For to good Princes the Safety of their People and their own Memory which is built upon the Happiness of Posterity through their Counsels are more pretions than Life and Power and although Providence and the Malice of His Enemies had obstructed His way to Glory by Victories and Success yet He would trace it in the unenvied and unquestionable paths of Constancy and Justice Therefore to make His denial of them advantageous to Himself by a seeming confidence in the Army's proffers thereby to oblige if it were possible those that had no sense either of Faith or Honour or at least to injealous those two Rivals for His Power and commit them the King absolutely rejects the Parliaments Propositions and requires the Demands of the Army as more equal and fit for a Personal Treaty and that the Army also should nominate Commissioners Cromwell and his Complices seemed to be joyful for this Answer of His Majesty which had preferred them before their Competitiors to the Honour of Justice and Moderation in the Eyes of the People but yet secretly did they exasperate the minds of the more short-sighted Commons against the King for this Affront And to the King they profess a shame and trouble upon their Spirits for so they loved to speak that they could not now perform their Promises sometimes they excused themselves by a Reverence to the Parliament at other times by the fierceness of the Adjutators and when by these excuses they had coloured their delayes to some length they began to interpret their sayings otherwise than the King apprehended them to forget what they had assured Him of and at last openly to refuse any performance To all these Perfidies they add other Frauds to beget a fear in Him of the Adjutators and the Levellers who they informed Him meditated His Murder professed they could not for the present moderate their bloody and impetuous Consultations but when they should recover the lost Discipline of their Army then they might easily and speedily satisfie their engagements to Him To give credit to their words the Fury of the Adjutators was blown to a more conspicuous Flame their Papers were published for a change of Government call'd The Case of the Army and The Agreement of the People the animations of Peter's and another of the same Diabolical Spirit saying His Majesty was but a dead Dog were divulged and all were communicated to some Attendants about the King with an Advice from the Chiefs of the Army to escape for His Life for they were unwilling He should be killed while they helplessly look'd on The Fury and Threatnings of Men of such destructive and bloudy Principles who accounted all things lawful that they could do that Providence administring Opportunity did invite and license their Impieties and who imputed all their lusts that had no colour from Justice to the Perswasions of the Holy Spirit were not to be despised nor was the King to abandon His Life if He could without sin preserve it to a longer waiting upon God Therefore with three of His most trusty Attendants in the dark tempestuous and ominous night of Nov. 11. He leaves Hampton-Court some say uncertain where to seek safety others that he intended to take Ship but being disappointed in his Expectation He was at last fatally led into the Power and when He could not escape committed Himself to the Loyalty and Honour of Col. Hammond a Confident of Cromwell's who had been but a little before made Governour of the Isle of Wight for this very purpose and was by him conveyed to Carisbrook Castle the very Pit his Enemies had designed for Him For it was discoursed in the Army above a fortnight before that the King e're long would be in the Isle of Wight and the very night He departed from Hampton-Court the Centinels were withdrawn from their usual Posts on purpose to facilitate His Flight The all-wise God not permitting Him to fly from those greater Trials and more Glorious Acts of Patience He had designed for Him Being here in this false Harbour He minds that business which lay most upon His Heart the Settlement of the Nation He sends Concessions to the Parliament more benign and easie than they could desire or hope together with His Reasons why He could not assent to their Demands and earnestly sollicites them to pity the Languishing Kingdom and come to a Personal Treaty with Him on His Concessions and the Army's Demands But the Conspirators to cut off all hopes of a Treaty take this Occasion to send Four Preliminary Articles which if He would pass as Acts they would treat of the rest These were so unjust that the Scotch Commissioners in the Name of their Kingdom declare against them in publick Writings and following the Messengers of Parliament to the Isle of Wight do in the presence of His Majesty protest against them as contrary to the Religion the Crown and Accords of both Kingdoms The King according to His wonted Wisdom and Greatness of Mind presently returns them an Answer to shew the Injustice of having Him grant the chief things before the Treaty which should be the Subject of it and to give them such an Arbitrary Power to the ruine of all the People This Answer He delivered sealed to their Messengers who desired that they might hear it read and that they might be dealt with as Commissioners not as bare Carriers a greater trust than which their Masters had not committed unto them and promise upon
their Honour that it should not be any prejudice to Him But His Majesty had no sooner read it than they finding it not to the Gust of those that sent them notwithstanding the Faith they had given cause their Just Soveraign to be kept close Prisoner force away His Chaplains Dr. Sheldon now Lord Bishop of London and Dr. Hammond both which He highly valued for their Integrity Wisdom Piety and Learning and His other Servants even those whom the Parliament had placed formerly about Him and in whom His Goodness had wrought both an Affection and Admiration of Him and permit none about him but such as they hoped would be a Watch upon Him and whose barbarous Souls might trample on His Fortune Besides they set strict Guards at His Doors and Windows lest any Letters might come to Him or be sent from Him The like reception His Letter found with the Parliament For Cromwell and his Officers were resolved to go on with their Design and having so long used the Adjutators as served to frighten the King into the Toils they had set they soon quiet them which was not difficult being a Company of hot-headed Fellows that could only talk not form a Counsel or a Party to endure a Storm by executing some of their most pertinacious Leaders and being free of that Care applied their Practices wholly to the Destruction of His Majesty To this purpose they mould the Four Votes for No Addresses to the King but before they bring them into Publick they send into their several Counties about Forty or Fifty of the Principal Members who they thought would oppose them to raise Money for the Souldiers Nevertheless the first of those Votes was contested against so strongly that the Debates lasted from Ten of the Clock in the Morning till Seven in the Evening and though they thus wearied the more Honest Party yet could it not pass till the Conspirators had engaged that no worse thing should be done to the King The remaining Votes were dispatched in half an Hours time when those of the most sober Principles were gone forth to refresh themselves and the Conspirators still kept their Seats The House of Peers were not so hasty in them as the Commons had been and their Debates vexed the Conspirators with Delays till those who were sent by the Army to thank the Lower House for their Consent to these Desires of the Souldiers did also threaten the Upper for their long Deliberations some new Terrors were also added for they quartered two of their Regiments at White-Hall under colour of guarding the Parliament but in truth to work upon the Lords which had its effect for many that had the most Honourable thoughts in this Business forsook the Parliament and then three or four which often was the fullest Number about those times in that House joyn with the Commons in their Votes for no Addresses This prodigious Perfidiousness in Parliament and Army both which had so frequently declared and engaged themselves by Oaths and Promises to preserve the King in his Just Rights fill'd all men with amazement and indignation to see how little they valued their Faith who pretended so high to Religion therefore each of them were put to satisfie the Common Fame Cromwell to some would have cover'd this Impiety with another that as He was praying for a Blessing from God on his Vndertakings to restore the King to His Pristine Majesty his Tongue cleaved to the roof of his mouth that he could not speak one word more which he took as a return of Prayer and that God had rejected Him from being King To others he did impudently assert That it was lawful to circumvent a wicked man with deceit and frauds The Conspirators in the Parliament strove to honest their Proceedings by a Declaration and assign in it for Causes of their Perjuries all the Calumnies that had been raised against the King by His most professed Enemies or from those uncertain Rumours which themselves had invented adding and repeating others which had even in the Parliament House been condemned as Forgeries yet now were used as necessary Veils for a more execrable Falshood Which infamous Libel they caused to be sent to all the Parishes of the Kingdom to be divulged supposing that none did dare to refute their black and most malicious Slanders or that none could publickly do it because they set strict Watches upon all the Printing-Presses They likewise commanded the Curates to read it in their several Churches and commend it to the People And that these might the more readily observe their Orders they at the same time strictly enjoyn the payment of Tithes and Vote that the Dean and Chapiter's Lands which they had designed for profane Uses and never intended they should be for the Emolument of Church-men should be set apart for Augmentations for their Preachers pretending a servent zeal for the propagation of the Gospel when they did most dishonour it By their Agents and the Anabaptists with other Hereticks and Schismaticks they sollicite the unacquainted Rabble to sign to Gratulatory Addresses to approve what they had already done and petition for a speedy progress in the Ruine of His Majesty But all these their cursed Projects failed for several Answers to their Defamations were published One writ by the King Himself another by Sir Edward Hyde and a third by Dr. Bates all which proved the Monstrous Falshoods of their Paper and that the Faction were guilty of what they imputed to the King and this with such Evidence that none of their most mercenary Writers or the most foul-mouthed Conspirators did dare or hope with Success to reply unto The Curates coldly if at all observed their Orders and there came so few Petitions and those signed by such contemptible and lewd persons as they rather loaded the Faction with more hatred than gave them any credit While generally in every place none of the People could contain their Fury against these Impostors but publickly cursed them and their Infamous Adherents For their Miserie 's made them sensible of the want of that Prince whose gentle and just Rule had brought them to such an inebriating Prosperity that they had forgot the Minister of their Happiness But now they found Government when it was out of His hand like Moses's Rod cast on the ground transformed to a Serpent and that those who pretended to free them from Tyranny had deluded them into the most insufferable Slavery wherein they were either totally despoiled of all things that render our Being comfortable or they were not secure in the use of them Religion the Ornament of the present and the Pledge of a future Life was so dishonoured by Schisms and Heresies somented to weaken the People by Divisions to a tameness under their Oppressors by Fasts for the most impious Designs and Thanksgivings for prosperous Crimes that some men concluded it to be nothing else but the Invention of Tyrants and the Disguise of Villains
and therefore did forsake it and turn Atheists Others that did still find the Inward Consolations of it yet feared openly to profess it lest they should be taken for those that pretended a Love to God that they might more securely destroy men Liberty also was now but an empty name for all the Common Prisons were too narrow to receive even those that did not dare to break the Laws so that the Houses of Noble men were converted to Gaols for those that were unfortunate in honest Enterprises where they were to languish with want and sickness and not be called to know their Offence or their Accusers because they had not guilt enough for a publick Condemnation Some were put a Ship-board in the midst of Summer there to contract Diseases Others were sold Slaves to forein Plantations Many to escape such nasty Confinements or an ignominious Torture fled from their Native Soil either to the Neighbouring Countries where they were the Evidences of the Infamy and Barbarousness of our Nation or seeking for Shelter in the Isles and Deserts of America polluted those Rocks and Seas with English Blood Propriety was no longer hedged up by Law but whom the Violence of the Souldier did not impoverish the Frauds of Committee-men would from whose Rapines none were secure that had not been as criminal as themselves and few safe that did not seek their favour and bow down to their Greatness These men taking advantage of the common evils to satisfie either their private revenge or lusts for their Proceedings were not regulated by the known Laws but the secret Instructions of their Masters in Parliament and Army or their own Pleasures were the Rules of administring Justice An honest Fame likewise was a Mark for Ruine for if any by just Arts had got the Esteem of the People and the Affections of His Neighbourhood and did not comply with their Interest first he was vexed with Slanders and Reproaches and afterwards with Sequestration especially if he were a Minister and it was their common Principle that an Honest Cavalier was the worst Enemy and a Cavalier Saint did the most hurt so that both their Vices and Vertues were equally hated Common Converse was dangerous for they had Informers in every place and Spies almost in every Family of Note Servants were corrupted to accuse their Masters and the Differences in Religion did injealous and arm the nearest Relations one against another Men out of a mutual distrust would hasten from Company to consult in private their peculiar Safety for they knew their Words were observed and their Secrets sought after Few Families but had by the Civil War some Loss to bewail some mourned over their disagreeing Members in different Camps and had cause to fear which side soever prospered they must be miserable in some part These and many more Miseries were more highly embittered by the uncertainty of a Remedy For the Parliament that had the name of Government were guilty of all these Reproaches of a Community being Slaves to those whose interest it was to keep us thus miserable and if at any time they were free from the yoke of the Army the two Sects kept them so divided each Party labouring by Votes and Counsels to circumvent the other that they could not mind the Universal Benefit Besides the power they exercised was too much to be well used for they engrossed the Legislative Authority and the Exercise of Jurisdiction So that they would make Laws according to their Interest and execute them according to their Lust this day's Vote should contradict the former day's Order and to morrow we must violate what to day we solemnly swore to observe so that men knew not what to obey nor where to rest Thus all hopes of Liberty and Peace were lost in the Confinement of the King who only was found able and willing to determine our Miseries For His Principles were Uniform and His Endeavours for a Settlement constant besides His Adversities had illustrated if not calcined His Endowments For now when He had no Friends Counsellors or Secretaries His Discourses with Commissioners upon their several Addresses and His Declarations of His own Injuries the Nations Slavery the Injustice of His and their Adversaries were so excellently and prudently managed that they undeceived the greatest part and reconciled many of His bitter Enemies therefore the whole Nation now panted for a Return to the Obedience of such an inestimable Prince These Considerations caused several attempts for His Deliverance some Private and others more Publick The first was managed by those Servants whom the Parliament had placed about Him for these won by His Goodness of which they were daily witnesses twice plotted His Escape and ventured their Lives for His Liberty but failed in both designs and the last being discovered before it could be put into action One Rolfe a bloody Villain that had also endeavoured to poison Him for which though he was publickly accused yet was acquitted by that Judge whom the Conspirators had employed to hear that Cause waited to kill Him as He should descend from His Chamber The more publick was that of the whole Nation An. 1648 for inraged with their own Oppressions and the Miseries of their Prince men in most Counties even of those that had adhered to the Parliament but now vexed that they had been so basely deluded draw up Petitions for a Personal Treaty with the King that the Armies Arrears being paid they should immediately be disbanded that Relief should be sent into Ireland and England quite eased of the Contribution which they could no longer bear To these Petitions there were such innumerable Subscriptions that the Officers of the Army and Parliament were mad to see their Threats of Sequestration Imprisonment and Death to make no Impression and the Promises they likewise made were slighted because discredited by their former Perjuries The first Petitioners were the Essex men who came in such Numbers as had not been seen before as if they would force not intreat for what was necessary After them those of Surrey whom by the command of the Officers and Parliament-men the Souldiers assault at the Parliament-Doors kill some wound more and plunder all and for this brave Exploit upon unarmed Petitioners they have the Thanks of the Commons and a Largess for their Valour that so the People might be affrighted from offering Petitions which before the very same men had declared to be the Birth-right of every English-man While men see and admire the Returns of the Divine Justice and the reciprocal motions of the Popular heat that the very same Parliament that first stirr'd up this way of tumultuary Petitions against the King now complained that the Honour and Safety of Parliaments was indangered by Petitions But all their Tyranny upon the complaining Nation prevailed nothing but to provoke them to a higher Indignation and more frequent Petitions And when they perceived they dealt with men obstinate to their own Interests which were not
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
and which was a Testimony of the Divine Assistance drew many of the unwilling Commissioners to His own Opinion though their Commission and the danger of their Lives necessitated them contrary to the dictates of their own Consciences to prolong the Debates with a wonderful Lenity proved their Demands unjust yet granted what was not directly against his Honour and Conscience thus devesting Himself of His own Rights He demonstrated that He had those Affections which might justly style Him the Father of His Country For He endeavoured by His own Losses to repair the damages of His People Yet the King saw by the Obstinacy of the most powerful of those He treated with that they intended nothing less than Peace nor any thing more than His Destruction which that it might be adequate to their Malice they would have it accompanied with the damnation of His Soul as He Himself in bitterness complained to One of His Servants pressing Him to do those things which they themselves acknowledged sinful as the Alienation of Church-Lands Although His Majesty was thus sensible of their insatiable thirst for His blood yet because He had passed His Royal Word not to stir out of that Island He did not hearken to the same Servant who perswaded Him to provide for His Safety by flight which He assured Him was not difficult and in administring to which He offered to hazard his own blood But the King always thought His Life beneath the Honour of Faithfulness and would not give His Enemies that advantage over His Fame which their unjust Arms and Frauds had gotten upon His Person chusing rather to endure whatsoever Providence had allotted for Him than by any approach to Infamy seek to protract those days which He now began to be weary of For that life is no longer desirable to Just Princes which their People either cannot or will not preserve And He thought it more Eligible to die by the Wickedness of Others than to live by His own While the Treaty thus preceeded the Army under the Command of the Lord Fairfax and Ireton this last was bold subtle perfidious and active in all designs so that his Soul being congenial with that of Cromwell had been the cause of an Alliance betwixt them for he had married one of Cromwell's Daughters and therefore was left to hover about the General as an evil Genius that he might do nothing contrary to their Impious Design drew towards London and quartered within half a days march from the City that if their Interest did require they might the more suddenly oppress those who were less favourable to their Enterprises The Officers did at first publickly profess a great Modesty as that they would quietly submit to the Orders of the Parliament that they did prefer the Common Peace to their own private Advantages and should be glad to be dismissed from the toyls of War yet in private practised an universal Confusion for mingling counsels with their Factious party in the two Houses they set up again the meetings of their Adjutators framed among themselves Petitions against the Treaty and to require that all Delinquents without difference wherein they included the Person of the King might be brought to Tryal and by their Emissaries abroad drew some inconsiderable and ignominious persons by representing large spoils in the subversion of Monarchy and imaginary advantages by the change of Government to subscribe to them When they thought these practices had produced their desired effect and they had infected most of the Souldiers in the several Garrisons and that more parties of their Army were gathered to their Quarters about London Ireton under pretext of a Contrast betwixt him and Fairfax withdraws himself privately to Windsor-Castle where being met by some of his Complices in the Parliament they joyntly frame a Declaration in an imperious and affected Style Wherein in the name of the Army he maliciously declaims against all Peace with the King and His Restitution to the Government afterwards he impiously demands that he may be dealt with as the Grand and Capital Delinquent with these he mingles some things to terrifie the Parliament some to please the Souldiers and others to raise hopes of Novelty in the Rabble This being prepared and the Treaty now drawing towards an End which those of the Faction had prolonged and disturbed that the Army might have more time to gather together and the Commanders having a perfect Intelligence how all things in the Isle of Wight and in the Parliament did strongly tend to an Accommodation they thought it now seasonable to begin their intended Crime Therefore they speedily call a Council of War at which met the Colonels and other inferiour Officers all men of Mercenary souls seditious covetous and so accustomed to Dissimulation that they seemed to be composed by nature to frame and colour impostures They began their Meeting with Prayers and Fasting pretending to inquire and seek the Will of God concerning the Wickedness they had predetermined to act This is the constant practice of such who would most securely abuse the Patience of the People while they commit the most horrid Crimes For not being able to honest their Iniquities by any colour of Reason or any Command of the known Will of God they pretend to a guidance by Revelation and Returns of Prayer This Imposture they had hitherto successfully used and the credulous Rabble of the common Souldiers were drawn to a perswasion that God did counsel all the Designs of these armed Saints Thus having prefaced their Villany Ireton produces his Remonstrance which being read among them was received by the Souldiers who through a pleasure in blood and hopes of Spoil are used to praise every thing of their Chiefs whether good or bad that tends to disturbance and continuance of War with as great an Applause as if it had been an Oracle from Heaven and to make it the more terrible they styled it the Remonstrance of the Army and order it to be presented to the Parliament in the name of the Army and People of England When this Remonstrance was published the minds of men were variously affected Some wondred that persons of so abject a Condition should dare to endeavour the alteration of an ancient Government an attempt so far above their fortune and to design against the Person of their Sovereign who by the Splendour of His former Majesty and by a continued Descent from so many Royal Progenitors had derived all that challenges the Reverence of the People And they thought the act so full of a manifest Wickedness that the Contrivers could not really intend the Execution but only used it as a Mormo to frighten the King and Parliament to hearken to their Pretensions of a lesser guilt Others considering their former Crimes and Injuries both to King and People and their damnable blasphemies of the Almighty God did truly judge that their preceding Iniquities had now habituated and temper'd them for the extremest mischiefs and that having
proceeded thus far they would think their Safety consisted in an accumulation of their Sins Only they admired that these men would discredit their ancient Arts of pretending to God's Direction in which they could not so easily by every Vulgar judgment be deprehended by boasting of the Concurrence of the People which was too evident a Cheat for not one in a thousand through the whole Nation but did abominate their practices But others more Speculative knew it was the accustomed Method of the Subverters of a lawful Magistracy and Invaders of a Tyranny first to seek the favour of the Rabble by high pretences of Liberty and Justice and then to boast of it as though they had it and were entrusted by the People to recover what they presented to their hopes and desires and that these men following the same practices would be the greatest Oppressors of those whom they pretended to vindicate The Parliament though hitherto they had been very obsequious to the Army yet the Members now meeting in greater Numbers than usually and preferring the utmost hazards to a Compliance with this Remonstrance laid it aside and fell to debate the King's Concessions which then lay before them This free and stout Carriage of theirs was much resented by the Souldiers who stormed at the contempt of those whose grandeur depended upon their Arms. And lest they should miscarry in their chief design and lose the Sacrifice to their Ambition they immediately sent a party of their Army into the Isle of Wight to secure the King these laying hold upon Him with a most Insolent Rudeness not permitting the delay of a Breakfast forced Him from the Island into Hurst Castle an unwholesome and sordid place The other part of their Army they cause to march towards London with all the imaginable signs of terror as if they went to sack and plunder an Enemies Town When they had entred they were quartered in those Houses of the King and Nobility which were nearest the Parliament-House hoping by the greatness and nearness of the danger so to affright those Members who were not so wicked as to comply with them that they should voluntarily withdraw and hiding themselves leave the possession to their own scanty party For then the violence would seem less and give more Authority to their unjust Decrees But the honest Members were more in love with Justice and therefore not terrified with the Menaces and Clamours of the Souldiers but as inspired with some unaccustomed Courage at this time and thinking themselves guarded by the Priviledges of Parliament with a greater boldness than usually they did upon just designs they appear in the House Where the Commoners re-assuming the consideration of the King's Concessions continued that Debate till past Midnight the Factious party and the Creatures of the Army still raising new Doubts and Scruples multiplying Cavils and by tedious Harangues wasting the time that the most just party which consisted most of Gentlemen of Fortunes not accustomed to such Watchings and Fastings might be wearied out and leave them to their own Resolves and also that they might give time to the whole Army to march into the City that Night Among the rest Sir Henry Vane who was born to disquiet the World and to be a firebrand of Communities yet still carrying the designs of Confusion under a feigned meekness and simplicity of the Gospel This man in the Isle of Wight had perswaded the King not to be prodigal in His Concessions that He had already yielded more than was fit for them to ask or Him to grant and undertook to make it evident to the whole World yet now did most fiercely and perfidiously inveigh against the Concessions as designed by the King under the species of Peace to ruine the Parliament and Commonwealth Yet at last notwithstanding those terrours without and troubles within the House came to this Resolve that The King's Concessions were a sufficient ground for Peace Which was carried by 200 Voices and there were scarce 60 dissenters The next day the same Resolve was passed by the Lords in the very same terms not one dissenting Who immediately adjourned for a week to wait whether this fury of the Army would spend it self after so generous an opposition And the House of Commons sent some of their own Members to acquaint the Lord Fairfax and his Officers of this their Vote This free and publick detestation of the Crime that was designed did extremely enrage the Projectors of it and the Democratick party in the House mingled Threatnings with their Advices For one of the Chiefs of the Faction could not forbear to assure them that If they continued in this their Resolve they should never after have Liberty of meeting there again Which accordingly was executed for the next day they were to meet there the Colonels had placed a guard of two Regiments of Foot and one of Horse upon the House of Commons who strictly keeping all the Avenues thereto that none might enter without their Licence laid hold upon forty Members that were Persons of the most known Integrity and highest Resolution they denied admission to 150 more and suffered none to enter of whose servile compliance they were not well assured Some that had escaped their observation and got into the House by tickets as from Friends or Servants they invite forth whom being once without doors they violently force away while they in vain pleaded the Priviledges of Parliament The imprisoned Members they vex and torture with great Indignities exposing them to the mockeries and insolencies of the Common Souldiers although there were among them many that had before Commanded Armies Brigades and Regiments in the Parliament's cause against the King and others that had been most importunate assertors of their first injustice to their Prince Those that beheld these vicissitudes wondred and acknowledged the just Judgement of God that had thus visibly and properly punished the Injustice of these men against their Lawful Sovereign by the ministry of their own more vile and mercenary Souldiers and did thus upbraid them with the falseness of their Principles by which they acted against the King the very same now serving to honest this violence that was committed on them for both equally pretended to a Necessity of Reformation and Self-preservation Others were inquisitive for the faith of these men who taking up Arms for the Sacred Priviledges of Parliament had now left nothing but the Walls of that House For the Number that would serve them was not equal to the Name of a Parliament being scarce the eighth part of that Convention and not much above forty in all and others that did abhor the Conditions of sitting there withdrew themselves to their own homes And many of those who formerly deluded by their pretensions to Religion Justice and Liberty had hitherto been of the Faction yet now awakened by these clamorous Crimes forsook their bloody Confederacy Yet did not this contemptible Number of which in most Votes
although they had been all raised to that Dignity and Trust by the Faction yet answered that It was contrary to the known Laws and Customs of England that the King should be brought to Tryal To heal these two wounds which the Lords and Judges had branded their Cause with they use two other Artifices to keep up the Spirits and Concurrence of their Party First they bring from Hertfordshire a Woman some say a Witch who said that God by a Revelation to her did approve of the Armie's Proceedings Which Message from Heaven was well accepted of with thanks as being very seasonable and coming from an humble Spirit A second was the Agreement of the People which was a Module of a Democratical Polity wherein those whose abject Condition had set them at a great distance from Government had their hopes raised to a share of it if they conspired to remove the great Obstruction which was the Person and Life of the King This was presented to the House of Commons by Sr Hardress Waller and sixteen other Officers as a temporary remedy for when they had perpetrated their Impiety they discountenanced and fiercely profecuted those that endeavoured it In confidence of these their Arts and their present Power notwithstanding all these publick Abhorrencies and Detestations by all Persons of Honour and Knowledge they enacted their Bill And for President of this Court they chose one of the Number John Bradshaw A person of an equal Infamy with his new employment a Monster of Impudence and a most fierce Prosecutor of evil purposes Of no repute among those of his own Robe for any Knowledge in the Law but of so virulent and petulant a Language that he knew no measure of modesty in Speaking and was therefore more often bribed to be silent than fee'd to maintain a Client's cause His Vices had made him penurious and those with his penury had seasoned him for any execrable undertaking They also had a Sollicitor of the same metal John Cook A needy Man who by various Arts and many Crimes had sought for a necessary Subsistence yet still so poor that he was forced to seek the shelter of obscure and sordid Corners to avoid the Prison So that vexed with a redious Poverty he was prevailed upon through the hopes of some splendid booties to venture on this employment which at the first mention he did profess to abhorr These were their chief Agents other inferiour Ministers they had equally qualified with these their prime Instruments as Dorislaus a German Bandito who was to draw up the Charge Steel another of their Counsel under pretence of sickness covered his fear of the Event though he did not abhor the wickedness of the Enterprise having before used his Tongue in a cause very unjust and relating to this the Murther of Captain Burleigh The Serjeants Clarks and Cryer were so obscure that the World had never taken notice of them but by their subserviency to this Impiety These were the publick Preparations In private they continually met to contrive the Form of their Proceedings and the Matter of their Accusation Concerning the first they were divided in Opinions Some would have the King first formally degraded and devested of all His Royal habiliments and Ensigns of Majesty and then as a private person exposed to Justice But this seemed to require a longer space of time than would comport with their project which as all horrid acts was to be done in a present fury lest good Counsels might gather strength by their Delay Others rejected this course as too evidently conforming with the Popish procedure against Sovereign Princes and they feared to confirm that common Suspicion that they followed Jesuitical Counsels whose Society it is reported upon the King's offering to give all possible Security against the Corruptions of the Church of Rome at a Council of theirs did decree to use their whole Interest and Power with the Faction to hasten the King's death Which sober Protestants had reason enough to believe because all or most of the Arguments which were used by the Assertors of this Violence on His Majesty were but gleanings from Popish Writers These Considerations cast the Determination on their side who designing a Tyrannical Oligarchy whereby they themselves might have a share in the Government would have the King proceeded against as King that by so shedding His Blood they might extinguish Majesty and with Him murther Monarchy For several of them did confess that indeed He was guilty of no Crime more than that He was their King and because the Excellency of His Parts and Eminent Vertues together with the Rights of His Birth would not suffer Him to be a private Person In their second debate about the Matter of Accusation all willingly embraced the Advice of Harrison who was emulous of the Power of Cromwell and though now his Creature yet afterwards became the Firebrand and Whirlwind of the following Times to blacken Him as much as they could yet found they not wherewith to pollute His Name For their old Scandals which they had amassed in their Declaration for no more Addresses to the King had been so publickly refuted that they could afford no colour for His Murther Therefore they formed their Accusation from that War to which they had necessitated Him And their Charge was that He had levied War against the Parliament that He had appeared in Arms in several places and did there proclaim War and executed it by killing several of the Good People for which they impeached Him as a Tyrant Traytor Murderer and an implacable Common Enemy This Charge in the Judgment of Considering Men argued a greater guilt in those that prosecuted it than in Him against whom it was formed for they seemed less sensible of the instability and infirmities of Humane Nature than those that had none but her light to make them generous for such never reproached their conquered Enemies with their Victory but these Men would murther their own Prince against whom they had nothing more to object than the unhappy issues of a War which leaves the Conquered the only Criminal while the names of Justice and Goodness are the spoils of the Conquerour How false those Imputations of Tyranny Treason and Murther were was sufficiently understood by those who considered the peaceful part of the King's Reign wherein it was judged that if in any thing He had declined from the safest arts of Empire it was in the neglect of a just Severity on Seditious Persons whom the Laws had condemned to die And in the War it was known how often his Lenity had clipped the Wings of Victory But it appeared that these Men as they had broken all Rights of Peace so they would also those of Conquest and destroy that which their Arms pretended to save How little Credit their Accusation found appeared by the endeavours of all Parties to preserve the King's Person from Danger and the Nation from the guilt of His Blood For while they
by the Power nor the Flatteries of Fortune And they are therefore mentioned to gratifie Posterity for men are curious to know all even the minute Passages of Great and Vertuous Persons Being free from Incontinency and Intemperance the gulphs of Treasure and Drayners of the Largest Exchequer He had no other Vice to exhaust the Publick Stock and so necessitate Him to fill it up by Oppressions but He would by Frugality make His Revenue sufficient for the Majesty of the Crown and the Necessities of the State His own Nature indeed inclined Him to Magnificence but the Vices of others did instruct Him to moderate Expences For He had found the Treasury low and the Debts great in His beginnings He was assaulted with two expensive Wars from the two great Potentates of Europe and the Faction had obstructed the usual way of Supplies by Parliaments Therefore He was to find a Mine in Vertue and by sparing from Vanities make provisions for necessary and glorious Enterprises which He did effect for in that short time of Peace which He enjoyed He satisfied all the Publick Debts so furnished and increased His Navy that it was the most considerable in the whole World supported His Confederate the King of Sweden and by Money inabled him for the Victories of Germany and so fill'd His own Treasury that it was able of it self to bear the weight of the first Scotch Expedition without the Aids of the Subject who were never more able to contribute to their own safety nor ever had more reason the swellings of that Nation breaking all the Banks and Fences of their Liberty and Happiness But the King would let them see that as by His Government He had made them rich He would also keep them so by His Frugality But those whose first care was to make Him necessitous and the next odious did brand it with the name of Covetousness which was as False as Malicious for He never spared when Just Designs call'd for Expences and was magnificent in Noble Undertakings as in the Repair of Paul's He was always Grateful although those men who measured their Services not by their Duties or their Merits but by their Expectations from His Fortune thought Him not Liberal He chose rather not to burthen His People by Subsidies than load particular Servants with unequal Bounties For Good Princes chuse to be loved rather for their Benefits to the Community than for those to private persons And it may be Vanity and Ostentation but not Liberality when the gifts of the Prince are not proportioned to the Common Necessity His sparings were like those of Indulgent Fathers that His Subjects as Children might have the more He never like subtle and rapacious Kings made or pretended a Necessity for Taxes but was troubled when He found it The Contributions of Parliament He esteemed not the increase of His peculiar Treasure but the Provisions for the Common Safety of which He would rather be accounted a Steward than a Lord. When Faction and Sedition so deluded the People that they could not see the preservation of the whole consisted in contributing some small part He freely parted with His own Inheritance to preserve intire to them the price of their Sweat and Labour As He had these Moral Vertues which are both the signatures of Majesty and the Ornaments of a Royal Spirit so He was no less compleat in the Intellectual His Understanding was as Comprehensive as His Just Power and He was Master of more sorts of Knowledge than He was of Nations How much He knew of the Mysteries and Controversies of Divinity was evident in His Discourses and Papers with Henderson and those at the Isle of Wight where He singly Disputed for Episcopacy one whole day against Fifteen Commissioners and their Four Chaplains the most experienced and subtle members of all the Opposite Party with so much Acuteness and Felicity that even His Opposers admired Him He so dexterously managed His Discourse with the Ministers that He made it evident they perswaded Him to that which they themselves judged unlawful and had condemned as Sacriledge when they pretended to satisfie the Scruples of His Conscience and to assure Him He might safely alienate the Church-Lands And the Commissioners sensible how unequal their Ministers were to discourse with Him for ever after silenced them and permitted no Disputes but by Papers At that time He exceeded the opinion of His friends about Him One of them said in astonishment that Certainly God had inspired Him Another that His Majesty was to a Wonder improved by His Privacies and Afflictions But a third that had had the Honour of a nearer Service assured them that the King was never less only He had now the opportunity of appearing in His full Magnitude In the Law of the Land He was as knowing as Himself said to the Parricides yet was no boaster of His own Parts as any Gentleman in England who did not profess the Publick Practice of it especially those Parts of it which concerned the Commerce between King and People In that Art which is peculiar to Princes Reason of State He knew as much as the most prosperous Contemporary Kings or their most exercised Ministers yet scorned to follow those Rules of it which lead from the Paths of Justice The Reserves that other Princes used in their Leagues and Contracts to colour the breaches of Faith and those inglorious and dark Intrigues of subtle Politicians He did perfectly abhor but His Letters Declarations Speeches Meditations are full of that Political Wisdom which is consistent with Christianity He had so quick an Insight into these Mysteries and so early arrived to the Knowledge of it that when He was young and had just gotten out of the Court and Power of Spain He censured the Weakness of that Mysterious Council For He was no sooner on Shipboard but the first words He spake were I discovered two Errors in those great Masters of Policy One that they would use Me so Ill and another that after such Vsage they permitted Me to Depart As those former parts of Knowledge did enable Him to know Men and how to manage their different humours and to temper them to a fitness for Society and make them serviceable to the Glory of that God whose Minister He was so His Soul was stored with a full Knowledge of the Nature of Things and easily comprehended almost all kinds of Arts that either were for Delight or of a Publick Use for He was ignorant of nothing but of what He thought it became Him to be negligent for many parts of Learning that are for the Ornament of a Private person are beneath the Cares of a Crowned Head He was well skilled in things of Antiquity could judge of Meddals whether they had the Number of years they pretended unto His Libraries and Cabinets were full of those things on which length of Time put the Value of Rarities In Painting He had so excellent a Fancy that
if time be unnecessarily lost 5. Now for the fallaciousness of my Argument to my knowledge it was never My practice nor do I confess to have begun now For if the Practice of the Primitive Church and the universal consent of the Fathers be not a convincing Argument when the interpretation of Scripture is doubtful I know nothing For if this be not then of necessity the Interpretation of private Spirits must be admitted the which contradicts St. Peter 2 Pet. 1. 20. is the Mother of all Sects and will if not prevented bring these Kingdoms into confusion And to say that an Argument is ill because the Papists use it or that such a thing is good because it is the Custom of some of the Reformed Churches cannot weigh with Me until you prove these to be infallible or that to maintain no Truth And how Diotrephes Ambition who directly opposed the Apostle St John can be an Argument against Episcopacy I do not understand 6. When I am made a Judge over the Reformed Churches then and not before will I censure their Actions as you must prove before I confess it that Presbyters without a Bishop may lawfully ordain other Presbyters And as for the Administration of Baptism as I think none will say that a Woman can lawfully or duely administer it though when done it be valid so none ought to do it but a lawful Presbyter whom you cannot deny but to be absolutely necessary for the Sacrament of the Eucharist 7. You make a learned succinct discourse of Oaths in general and their several Obligations to which I fully agree intending in the particular now in question to be guided by your own Rule which is when any Oath hath a special reference to the Benefit of those to whom I make the Promise if we have their desire or consent the Obligation ceaseth Now it must be known to whom this Oath hath reference and to whose benefit The Answer is clear Only to the Church of England as by the Record will be plainly made appear And you much mistake in alledging that the two Houses of Parliament especially as they are now constituted can have this Disobligatory power for besides that they are not named in it I am confident to make it clearly appear to you that this Church never did submit nor was subordinate to them and that it was only the King and Clergy who made the Reformation the Parliament merely serving to help to give the Civil Sanction All this being proved of which I make no question it must necessarily follow that it is only the Church of England in whose favour I took this Oath that can release Me from it wherefore when the Church of England being lawfully assembled shall declare that I am free then and not before I shall esteem My self so 8. To your last concerning the King My Father of Happy and Famous Memory both for his Piety and Learning I must tell you that I had the Happiness to know Him much better than you wherefore I desire you not to be too confident in the knowledge of His Opinions for I dare say should his Ghost now speak He would tell you that a bloody Reformation was never lawful as not warranted by God's Word and that Preces lachrymae sunt Arma Ecclesiae 9. To conclude having replied to all your Paper I cannot but observe to you that you have given Me no Answer to my last Quaere It may be you are as Chaucer says like the People of England What they not like they never understand but in earnest that question is so pertinent to the Purpose in hand that it will much serve for My satisfaction and besides it may be useful for other things C. R. Newcastle June 6. 1646. IV. Mr. Alexander Henderson's Second Paper For His MAJESTY SIR THE smaller the encouragements be in relation to the success which how small they are Your Majesty well knows the more apparent and I hope the more acceptable will my obedience be in that which in all humility I now go about at Your Majesty's command yet while I consider that the way of man is not in himself nor is it in man that walketh to direct his own steps and when I remember how many supplications with strong crying and tears have been openly and in secret offered up in Your Majesty's behalf unto God that heareth prayer I have no reason to despair of a blessed success 1. I have been averse from a disputation of Divines 1. For saving of time which the present exigence and extremity of affairs make more than ordinarily pretious While Archimedes at Syracuse was drawing his figures and circlings in the sand Marcellus interrupted his Demonstration 2. Because the common result of Disputes of this kind answerable to the prejudicate opinions of the Parties is rather Victory than Verity while tanquam tentativi Dialectici they study more to overcome their adverse Party than to be overcome of Truth although this be the most glorious Victory 3. When I was commanded to come hither no such thing was proposed to me nor expected by me I never judged so meanly of the Cause nor so highly of my self as to venture it upon such weakness Much more might be spoken to this purpose but I forbear 2. I will not further trouble Your Majesty with that which is contained in the second Section hoping that Your Majesty will no more insist upon Education Prescription of time c. which are sufficient to prevent Admiration but which Your Majesty acknowledges must give place to Reason and are no sure ground of resolution of our Faith in any point to be believed although it be true that the most part of men make these and the like to be the ground and rule of their Faith an Evidence that their Faith is not a Divine Faith but an humane Credulity 3. Concerning Reformation of Religion in the third Section I had need have a Preface to so thorny a Theme as your Majesty hath brought me upon 1. For the Reforming power it is conceived when a General Defection like a Deluge hath covered the whole face of the Church so that scarcely the tops of the Mountains do appear a General Council is necessary but because that can hardly be obtained several Kingdoms which we see was done at the time of the Reformation are to Reform themselves and that by the Authority of their Prince and Magistrates if the Prince or supreme Magistrate be unwilling then may the inferior Magistrate and the People being before rightly informed in the grounds of Religion lawfully Reform within their own sphere and if the light shine upon all or the major part they may after all other means assayed make a publick Reformation This before this time I never wrote or spoke yet the Maintainers of this Doctrine conceive that they are able to make it good But Sir were I worthy to give advice to Your Majesty or to the Kings and supreme Powers on Earth
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
as you shall think fit to Treat with the like number of Persons to be appointed by His Majesty upon the said Propositions and such other things as shall be proposed by His Majesty for the preservation and defence of the Protestant Religion with due regard to the ease of tender Consciences as His Majesty hath often offered the Rights of the Crown the Liberty and Property of the Subject and the Priviledges of Parliament and upon the whole matter to conclude a happy and blessed Peace XIII From OXFORD Dec. 5. MDC XLV For a safe Conduct for certain Persons of Honour to be sent with Propositions of Peace For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty being still deeply sensible of the continuation of this bloody and unnatural War cannot think Himself discharg'd of the duty He ows to God or the affection and regard He hath to the preservation of His People without the constant application of His earnest endeavours to find some Expedient for the speedy ending of these unhappy Distractions if that may be doth therefore desire That a safe Conduct may be forthwith sent for the Duke of Richmond the Earl of Southampton John Ashburnham and Jeffry Palmer Esquires and their attendants with Coaches Horses and other accommodations for their journey to Westminster during their stay there and return when they shall think fit whom His Majesty intends to send to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland furnished with such Propositions as His Majesty is confident will be the foundation of a happy and well-grounded Peace Given at our Court at Oxford 5. December 1645. XIV From OXFORD Dec. 15. MDCXLV In pursuance of the former For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty cannot but extremely wonder that after so many expressions on your part of a deep and seeming sense of the Miseries of this afflicted Kingdom and of the dangers incident to His Person during the continuance of this unnatural War your many great and so often repeated Protestations that the raising of these Arms hath been only for the necessary defence of God's true Religion His Majesty's Honour Safety and Prosperity the Peace Comfort and Security of His People you should delay a safe Conduct to the persons mentioned in His Majesty's Message of the fifth of this instant December which are to be sent unto you with Propositions for a well-grounded Peace A thing so far from having been denied at any time by His Majesty whensoever you have desired the same that He believes it hath been seldom if ever practised among the most avowed and professed Enemies much less from Subjects to their King But His Majesty is resolved that no discouragements whatsoever shall make Him fail on His part in doing His uttermost endeavours to put an end to these Calamities which if not in time prevented must prove the ruine of this unhappy Nation and therefore doth once again desire that a safe Conduct may be forthwith sent for those Persons expressed in His former Message and doth therefore conjure you as you will answer to Almighty God in that day when He shall make inquisition for all the blood that hath and may yet be spilt in this unnatural War as you tender the preservation and establishment of the true Religion by all the bonds of Duty and Allegiance to your King or compassion to your bleeding and unhappy Countrey and of charity to your selves that you dispose your hearts to a true sense and imploy all your faculties in a more serious endeavour together with His Majesty to set a speedy end to these wasting Divisions and then He shall not doubt but that God will yet again give the blessing of Peace to this distracted Kingdom Given at our Court at Oxford the 15. of Decemb. 1645. XV. From OXFORD Dec. 26. MDCXLV For a Personal Treaty For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. NOtwithstanding the strange and unexpected delays which can be precedented by no former times to His Majesties two former Messages His Majesty will lay aside all expostulations as rather serving to lose time than to contribute any remedy to the evils which for the present do afflict this distracted Kingdom Therefore without further preamble His Majesty thinks it most necessary to send these Propositions this way which He intended to do by the Persons mentioned in His former Messages though He well knows the great disadvantage which overtures of this kind have by the want of being accompanied by well-instructed Messengers His Majesty conceiving that the former Treaties have hitherto proved ineffectual chiefly for want of Power in those Persons that Treated as likewise because those from whom their Power was derived not possibly having the particular informations of every several debate could not give so clear a Judgment as was requisite in so important a business If therefore His Majesty may have the engagement of the two Houses of Parliament at Westminster the Commissioners of the Parliament of Scotland the Mayor Aldermen Common-Council and Militia of London of the chief Commanders in Sir Thomas Fairfax his Army as also those in the Scots Army for His Majesties free and safe coming to and abode in London or Westminster with such of His Servants now attending Him and their followers not exceeding in all the number of three hundred for the space of forty days and after the said time for His free and safe repair to any of His Garrisons of Oxford Worcester or Newark which His Majesty shall nominate at any time before His going from London or Westminster His Majesty propounds to have a Personal Treaty with the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland upon all matters which may conduce to the restoring of Peace and happiness to these miserable distracted Kingdoms and to begin with the three Heads which were Treated on at Vxbridge And for the better clearing of His Majesties earnest and sincere intentions of putting an end to these unnatural Distractions knowing that point of security may prove the greatest obstacle to this most blessed work His Majesty therefore declares That He is willing to commit the great trust of the Militia of this Kingdom for such time and with such powers as are exprest in the Paper delivered by His Majesties Commissioners at Vxbridge the sixth of February last to these persons following viz. the Lord Privy Seal the Duke of Richmond the Marquess of Hertford the Marquess of Dorchester the Earl of Dorset Lord Chamberlain the Earl of Northumberland the Earl of Essex Earl of Southampton Earl of Pembroke Earl of Salisbury Earl of Manchester Earl of Warwick Earl of Denbigh Earl of Chichester Lord Say Lord Seymour Lord Lucas Lord
intentions in His former Messages He doth now declare that if His Personal repair to London as aforesaid shall be admitted and a Peace thereon shall ensue He will then leave the nomination of the Persons to be intrusted with the Militia wholly to His two Houses with such power and limitations as are expressed in the Paper delivered by His Majesty's Commissioners at Vxbridge the sixth of February 1644. for the term of seven years as hath been desired to be given immediately after the conclusion of the Peace the disbanding of all Forces on both sides and the dismantling of the Garrisons erected since these present Troubles so as at the expiration of the time before mentioned the power of the Militia shall entirely revert and remain as before And for their further security His Majesty the Peace succeeding will be content that pro hac vice the two Houses shall nominate the Admiral Officers of State and Judges to hold their places during life or quam diu se bene gesserint which shall be best liked to be accountable to none but the King and the two Houses of Parliament As for matter of Religion His Majesty doth further declare That by the Liberty offered in His Message of the 15 present for the ease of their Consciences who will not communicate in the Service already established by Act of Parliament in this Kingdom He intends that all other Protestants behaving themselves peaceably in and towards the Civil Government shall have the free exercise of their Religion according to their own way And for the total removing of all Fears and Jealousies His Majesty is willing to agree that upon the conclusion of Peace there shall be a general Act of Oblivion and free Pardon past by Act of Parliament in both His Kingdoms respectively And lest it should be imagined that in the making these Propositions His Majesty's Kingdom of Scotland and His Subjects there have been forgotten or neglected His Majesty declares That what is here mentioned touching the Militia and the naming of Officers of State and Judges shall likewise extend to His Kingdom of Scotland And now His Majesty having so fully and clearly expressed His intentions and desires of making a happy and well-grounded Peace if any person shall decline that Happiness by opposing of so apparent a way of attaining it he will sufficiently demonstrate to all the World his intention and design can be no other than the total subversion and change of the ancient and happy Government of this Kingdom under which the English Nation hath so long flourished Given at Our Court at Oxon the 29. of January 1645. XXI From OXFORD Feb. 26. MDCXLV VI. For an Answer to the Former For 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. HIS Majesty needs to make no excuse though He sent no more Messages unto you for He very well knows He ought not to do it if He either stood upon punctilio's of Honour or His Own private Interest the one being already call'd in question by His often sending and the other assuredly prejudg'd if a Peace be concluded from that He hath already offered He having therein departed with many His undoubted Rights But nothing being equally dear unto Him to the preservation of His People His Majesty passeth by many scruples neglects and delayes and once more desires you to give Him a speedy Answer to His last Message for His Majesty believes it doth very well become Him after this very long delay at last to utter His Impatience since the Goods and Blood of His Subjects crie so much for Peace Given at our Court at Oxford the 26. day of February 1645. XXII From OXFORD Mar. 23. MDCXLV VI. Concerning His Return to the Houses For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster CHARLES R. NOtwithstanding the unexpected Silence in stead of Answer to His Majesty's many and gracious Messages to both Houses whereby it may appear that they desire to obtain their ends by Force rather than by Treaty which may justly discourage His Majesty from any more overtures of that kind yet His Majesty conceives He shall be much wanting in His duty to God and in what He oweth to the safety of His people if he should not intend to prevent the great inconveniences that may otherwise hinder a safe and well-grounded Peace His Majesty therefore now proposeth that so He may have the Faith of both Houses of Parliament for the preservation of His Honour Person and Estate and that Liberty be given to all those who do and have adhered to His Majesty to go to their own Houses and there to live peaceably enjoying their Estates all Sequestrations being taken off without being compelled to take any Oath not enjoyned by the undoubted Laws of the Kingdom or being put to any other molestation whatsoever He will immediately disband all His Forces and dismantle all His Garrisons and being accompanied with His Royal not His Martial Attendance return to His two Houses of Parliament and there reside with them And for the better security of all His Majesties Subjects He proposeth that He with His said two Houses immediately upon His coming to Westminster will pass an Act of Oblivion and free Pardon and where His Majesty will further do whatsoever they will advise Him for the good and Peace of this Kingdom And as for the Kingdom of Scotland His Majesty hath made no mention of it here in regard of the great loss of time which must now be spent in expecting an answer from thence but declares that immediately upon His coming to Westminster He will apply himself to give them all satisfaction touching that Kingdom If His Majesty could possibly doubt the success of this offer He could use many arguments to perswade them to it but shall only insist on that great One of giving an instant Peace to these afflicted Kingdoms Given at our Court at Oxford the 23. of March 1645. XXIII From SOUTHWELL May 18. MDCXLVI With his further Concessions for the obtaining of Peace For 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. HIS Majesty having understood from both His Houses of Parliament that it was not safe for Him to come to London whither He had purposed to repair if so He might by their advice to do whatsoever may be best for the good and Peace of these Kingdoms until He shall first give His consent to such Propositions as were to be presented to Him from them and being certainly informed that the Armies were marching so fast up to Oxford as made that no fit place for Treating did resolve to withdraw Himself hither only to secure His Own Person and with no
governed after the said three years or sooner if differences may be agreed Touching the Covenant His Majesty is not yet therein satisfied and desires to respite His particular Answer thereunto until His coming to London because it being a matter of Conscience He cannot give a resolution therein till He may be assisted with the Advice of some of His own Chaplains which hath hitherto been denied Him and such other Divines as shall be most proper to inform Him therein and then He will make clearly appear both His zeal to the Protestant Profession and the Union of these two Kingdoms which He conceives to be the main drift of this Covenant To the seventh and eighth Propositions His Majesty will consent To the ninth His Majesty doubts not but to give good satisfaction when he shall be particularly informed how the said penalties shall be levied and disposed of To the tenth His Majesty's Answer is That He hath been always ready to prevent the practices of Papists and therefore is content to pass an Act of Parliament for that purpose and also that the Laws against them be duly executed His Majesty will give his consent to the Act for the due observation of the Lord's day for the suppressing of Innovations and those concerning the Preaching of God's Word and touching Non-residence and Pluralities and His Majesty will yield to such Act or Acts as shall be requisite to raise moneys for the payment and satisfying all publick Debts expecting also that His will be therein included As to the Proposition touching the Militia though His Majesty cannot consent unto it in terminis as it is proposed because thereby He conceives He wholly parts with the power of the Sword entrusted to Him by God and the Laws of the Land for the protection and government of His People thereby at once devesting Himself and disinheriting His Posterity of that right and Prerogative of the Crown which is absolutely necessary to the Kingly Office and so weakning Monarchy in this Kingdom that little more than the name and shadow of it will remain yet if it be only security for the preservation of the Peace of this Kingdom after the unhappy Troubles and the due performance of all the agreements which are now to be concluded which is desired which His Majesty always understood to be the case and hopes that herein He is not mistaken His Majesty will give abundant satisfaction to which end He is willing by Act of Parliament That the whole power of the Militia both by Sea and Land for the space of ten years be in the hands of such persons as the two Houses shall nominate giving them power during the said term to change the said persons and substitute others in their places at pleasure and afterwards to return to the proper Chanel again as it was in the times of Queen Elizabeth and King James of blessed memory And now His Majesty conjures His two Houses of Parliament as they are Englishmen and Lovers of Peace by the duty they owe to His Majesty their King and by the bowels of compassion they have to their fellow-Subjects that they will accept of this His Majesty's offer whereby the joyful news of Peace may be restored to this languishing Kingdom His Majesty will grant the like to the Kingdom of Scotlund if it be desired and agree to all things that are propounded touching the conserving of Peace betwixt the two Kingdoms Touching Ireland other things being agreed His Majesty will give satisfaction therein As to the mutual Declaration proposed to be established in both Kingdoms by Act of Parliament and the Modifications Qualifications and branches which follow in the Propositions His Majesty only professes that He doth not sufficiently understand nor is able to reconcile many things contained in them but this He well knoweth that a general Act of Oblivion is the best Bond of Peace and that after intestine Troubles the wisdom of this and other Kingdoms hath usually and happily in all ages granted general Pardons whereby the numerous discontentments of many persons and families othewise exposed to ruine might not become fuel to new disorders or seeds to future troubles His Majesty therefore desires that His two Houses of Parliament would seriously descend into these considerations and likewise tenderly look upon His condition herein and the perpetual dishonour that must cleave to Him if He shall thus abandon so many persons of condition and fortune that have engaged themselves with and for Him out of a sense of Duty and propounds as a very acceptable testimony of their affection to Him that a general Act of Oblivion and free Pardon be forthwith passed by Act of Parliament Touching the new great Seal His Majesty is very willing to confirm both it and all the Acts done by virtue thereof until this present time so that it be not thereby pressed to make void those Acts of His done by virtue of His great Seal which in Honour and Justice He is obliged to maintain and that the future government thereof may be in His Majesty according to the due course of Law Concerning the Officers mentioned in the 19th Article His Majesty when He shall come to Westminster will gratifie His Parliament all that possibly He may without destroying the alterations which are necessary for the Crown His Majesty will willingly consent to the Act for the confirmation of the priviledges and customs of the City of London and all that is mentioned in the Propositions for their particular advantage And now that His Majesty hath thus far endeavoured to comply with the desires of His two Houses of Parliament to the end that this agreement may be firm and lasting without the least face or question of restraint to blemish the same His Majesty earnestly desires presently to be admitted to His Parliament at Westminster with that Honour which is due to their Sovereign there solemnly to confirm the same and legally to pass the Acts before mentioned and to give and receive as well satisfaction in all the remaining particulars as likewise such other pledges of mutual love trust and confidence as shall most concern the good of Him and His People upon which happy Agreement His Majesty will dispatch His Directions to the Prince His Son to return immediately to Him and will undertake for His ready obedience thereunto Holdenby May 12. 1647. XXX From HAMPTON-COURT Sept. 9. MDCXLVII In Answer to the Propositions presented to Him there For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament 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 uttermost endeavours for restoring it to a
tendred such Propositions that might occasion the World to judge that they have yielded up not only their Wills and Affections but their Reasons also and Judgments for obtaining a true Peace or good Accommodation It is true that if they can shew what reasonably they could have asked more or wherein the King's Offers were deficient either in Point of Security or by with-holding from any His Subjects a jot of their just Priviledges then they said somewhat to challenge Belief But bare Asseverations even against what a Man sees will not get credit with any but such who abandon their Judgments to an implicite Faith nor can the Determinations of all the Parliaments in the World make a thing Just or Necessary if it be not so of it self And can it be imagined that any who were ever acquainted with the Passages at the Treaties of Oxford and Vxbridge will believe though it be said that the Propositions tendred at Newcastle were the same in effect which had been presented to the King before in the midst of all His strength and Forces Indeed methinks such gross slips as these should at least make a man be wary how to believe such things for which He sees no Proofs And yet it should seem that a man must either take their words for good payment or remain unsatisfied for a little after it is said that the Kings strange unexpected and conditional Answers or Denials might justly have made them consider some other course for setling the Kingdom in Peace and Safety without any farther Application but never shewn wherein the strangeness of His Answers or Denials consists And I should think that those Reasons upon which the laying by of a King's Authority is grounded for it is no less ought to be particularly mentioned for the Worlds satisfaction and not involved in general big words for it thereby seems that it is their force of Arms more than that of Reason which they trust to for procuring of obedience to their Determinations or belief to what they say Otherways can it be imagined that their saying that their last Propositions were so qualified that where it might stand with the publick Safety the wonted Scruples and Objections were prevented or removed can give satisfaction to any rational man who hath seen all their former Propositions for it is most evident that their Demands have always encreased with their good Fortune And for their great Condescension to a Personal Treaty which under favour can scarcely be called so for the King though He had granted what was desired was not to come either to or near London but to stay in the Isle of Wight and there to Treat with Commissioners upon signing the Four Bills surely they incurred therein but little danger for it is most evident that they contain the very substance of the most essential parts of their Demands which being once granted the King would neither have had power to deny nor any thing left worth the refusing for after He had confessed that He had taken up Arms to invade the Liberty of His People whereas it was only for the Defence of His own Rights and had likewise condemned all those who had faithfully served Him of Rebellion and that He had totally devested Himself His Heirs and Successors for ever of the power of the Sword whereby the Protection of His Subjects which is one of the most essential and necessary Rights belonging to Regal Authority is totally torn away from the Crown and that by a silent Confession He had done Himself and Successors an irreparable prejudice concerning the great Seal I speak not of the other two Bills neither of which are of little importance what was there more for Him to grant worth the insisting upon after such Concessions or indeed what power was left Him to deny any thing So that the King's necessity of giving the Answer He did for it was no absolute Refusal is most evident unless He had resolved to have lived in quiet without Honour and to have given His People Peace without Safety by abandoning them to an arbitrary and unlimited power of the two Houses for ever concerning the levying of Land or Sea-Forces without stinting of numbers or distinction of persons and for Payments to levy such summes of Monies in such sort and by such ways and means as they shall think fit and appoint And now I cannot but ask is this the Militia that the King contends for or did ever any King of England pretend to or seek for such a Power surely no but this is a new Militia and take heed lest this should prove like the Roman Praetorian Cohorts that what they did in chusing and changing Emperours these do not to this Government by moulding and altering it according to their Fancies Now my eagerness to clear this Point concerning the four Bills had almost made me forget a most material Question I wonder much wherein the Danger consists of a Personal Treaty with the King ever since He was last at Newcastle Surely He cannot bring Forces along with Him to awe His two Houses of Parliament and it is as well known that He hath not Money to raise an Army and truly there is as little fear that the Eloquence of His Tongue should work Miracles but on the contrary if He were so ill a man as you describe Him to be whatsoever He shall say or write must more prejudice Him than You for let Him never flatter Himself it must be clear not doubtful Reason that can prevail against that great visible prevailing Power which now opposes Him nor do I say it will but certainly less cannot do it Where is then the Danger Believe it Reason will hardly maintain those who are afraid of her After this it is said that they had cause enough to remember that the King sometimes denied to receive their humble Petitions but they neither tell where nor when which I am most confident they cannot but I am certain that the King hath sent divers Messages of Peace to them unto which He hath yet had no Answer namely His last from Oxford of the 15. January 1645. and all the rest since As for the Fight at Brainford whosoever will read the Collection of the Declarations in print upon that subject will clearly find that the King hath more reason to complain that they under colour of Treaty sought to environ Him with their Forces than they for what He then did and His retreat was neither for Fear nor with Shame for the appearing of the Enemy made Him retard not hasten His orders for retiring which divers hours before their appearing He had given which He did without any loss at all but on the contrary retreated with more Arms eleven Colours and fifteen pieces of Ordnance beside good store of Ammunition than He had before And for Cruelty there was not a drop of Blood shed but in the heat of the Fight for I saw above five hundred Prisoners who only promising
never after to bear Arms against the King were freely released Again they seem to have good Memories saying that the King once sent them a specious Message of renewing a Treaty when at the same time His Messenger was instructed how to manage that bloody Massacre in London which was then design'd by virtue of the King's Commission since published And hath the King sent but one Message for the renewing of a Treaty Then what was that from Tavestock in August 1644. and five others from Oxford the next year But indeed this that is here mentioned they knew not how to answer for at that time they knew not the way of silence but by this forged Accusation against the Messenger who I dare say knew nothing of that which might have been at that time intended for the King's service by some who had more Zeal than Judgment But that there was a Massacre intended or that any Commission from the King should countenance such a Design is a most notorious Slander As for the King 's mentioned Letter to the Queen I am confident that any judicious Reader will find the Gloss made upon it very much wrested And certainly after-Ages will think these Times very barbarous wherein private Letters betwixt Man and Wife are published to open view and in other Countries there is such respect carried to private Letters of Princes that to my knowledge the last Emperour in the greatest heat of the Bohemian War having intercepted a Packet wherein were private Letters to King JAMES of blessed Memory who was then known no great Friend to the Emperour from His only Daughter then avowedly the Emperour 's greatest Enemy yet He sent them to the King without the least offer of violence to the Seals And now I come to their Determination upon the whole matter what Course they have resolved to take with the King their words are But notwithstanding this and other former Tenders we have now received such a Denial that we are in Despair of any good by Addresses to the King neither must we be so injurious to the People in further delaying their Settlement as any more to press His Consent to these or any other Propositions Besides it is Resolv̄ed upon the Question That they will receive no more any Message from the King and do enjoyn That no persons do presume to receive or bring any Message from the King to both or either Houses of Parliament or to any other person Thus you see that the King is laid by but that is not all for He must neither justifie His Innocency against Calumny nor is there any way left Him to mend any Errour that He may have committed Is this a Just way of proceeding when Truth though offered must not be heard and that no way must be left to recant an Errour And why all this Severity Because as I have already shewn you the King will not injure His Conscience or Honour nor suffer His People to be oppressed to which they give the Term of such a Denial though really it was none But since they thus seek to hoodwink the People it is no great Wonder that they forbid the King to repent Him of those Faults which He never committed and I believe all Indifferent men will easily judge of the King's Innocency even by their way of accusation for those who will lay such high Crimes to His charge as the breach of Oaths Vows Protestations and Imprecations would not spare to bring their Proofs if they had any But on the contrary it is known to all the World that He had not suffer'd as He has done if He would have dispensed with that part of His Coronation-Oath which He made to the Clergy which is no great sign that He makes slight of His Engagements of which it is so universally known that He has been so Religiously careful as I hold it a wrong to His Innocency to seek to clear Him of such Slanders for which there are no Proofs alledged for Malice being once detected is best answered with Neglect and Silence And was there ever greater or more apparent Malice than to offer to put the horrid slander of Parricide upon Him who was eminently known to be as obedient and loving a Son to His blessed Father as any History can make mention of But indeed the loss of Rochel doth fitly follow to shew how Malice when it is at the height is ordinarily accompanied for there are none but ignorant or forgetful men who know not that it was merely the want of Assistance from the Two Houses of Parliament contrary to their Publick General Engagement that lost Rochel and there is nothing more clear to any who hath known French Occurrences than that real Assistance which the King to the uttermost of His Power gave to those of the Religion at that time made the Cardinal Richelieu an irreconcileable enemy to the King Wherefore I cannot but say that it is a strange forgetful Boldness to charge the King with that which was evidently other mens faults There are also other things that to any knowing man will rather seem Jeers than Accusations as the German Horse and Spanish Fleet in the year 1639. But my Affection shall not so blind me as to say that the King never erred yet as when a just Debt is paid Bonds ought to be cancell'd so Grievances be they never so just being once redressed ought no more to be objected as Errours And it is no Paradox to affirm that Truths this way told are no better than Slanders and such are the Catalogue of Grievances here enumerated which when they are well examined every one of them will not be found such as here they are described to be Now as concerning those Discourses which mention the beginnings of these Troubles which are in Two several places of this Declaration I will only say this that what the King did upon those Occasions was merely to defend the Rights of His Crown which were and are evidently sought to be torn from Him Nor can I acknowledge all those Relations to be true such as Private Levies of men by Popish Agents Arming of Papists in the North Calling in of Danish Forces and the like And as for the stale Slander of calling up the Northern Army now renewed it is well known that the Two Houses even at that time were not so partial to the King as to have conceal'd a Practice of that kind if they could have got it sufficiently proved But if the Irish Rebellion can be justly charged upon the King then I shall not blame any for believing all the rest of the Allegations against Him only I protest against all Rebels Testimony as good Proof it being most certain by experience that they who make no Conscience of Rebelling will make less of Lying when it is for their Advantage And it is no little wonder that so grave an Assembly as the House of Commons should so slightly examine a Business of that Great
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
it and yours to give credit to what I shall say as to Him that sits at the Helm For what concerns your Petition I shall answer it in a convenient time X. To the Lords and Commons in Answer to their Petition of Right June 11. MDCXXVIII GEntlemen I am come hither to perform My Duty and I think no man can think it long since I have not taken so many daies in answering of the Petition as you have spent weeks in framing it And I am come hither to shew you that as well in formal things as in essential I desire to give you as much content as in Me lieth The Lord Keeper having added somewhat in explanation and pursuance of the former the Petition was read and the King's Answer The King willeth that Right be done according to the Laws and Customs of the Land and that the Statutes be put in due execution that the Subjects may have no cause to complain of any wrong or oppression contrary to their just Rights and Liberties to the preservation whereof He holdeth Himself obliged as well as of His Prerogative XI To the Lords and Commons His second Answer to their Petition in the House of Lords June 7. MDCXXVIII MY Lords and Gentlemen The Answer I have already given you was made with so good deliberation and approved by the judgments of so many wise men that I could not have imagined but that it should have given you full satisfaction But to avoid all ambiguous interpretations and to shew you that there is no doubleness in My meaning I am willing to please you in words as well as in substance Read your Petition and you shall have an Answer that I am sure will please you The Petition being read by the Clerk of the Crown the Clerk of the Parliament read the King's Answer LE DROICT SOIT FAIT COMME IL EST DESIRE C. R. Which done His Majesty added This I am sure is full yet no more than I granted you in My first Answer for the meaning of that was to confirm all your Liberties knowing according to your own Protestations that you neither meant nor can hurt My Prerogative And I assure you My Maxime is The Peoples Liberty strengthens the King's Prerogative and that the King's Prerogative is to defend the Peoples Liberties You see now how ready I have shewed My self to satisfie your Demands so that I have done My part Wherefore if this Parliament have not an happy Conclusion the sin is yours I am free of it XII To the House of Commons at the reading of their Remonstrance in the Banquetting-House at WHITE-HALL June 11. MDCXXVIII GEntlemen Upon My Answer to your Petition of Right I expected no such Declaration from you which containeth divers points of State touching the Church and Common-wealth and I do conceive you do believe I understand them better than your selves But since the Reading thereof I perceive you understand these things less than I imagined Notwithstanding I will take them into My Consideration as they deserve XIII To the Lords and Commons at the Prorogation of His Third Parliament June 26. MDCXXVIII MY Lords and Gentlemen It may seem strange that I come so suddenly to end this Session therefore before I give My Assent to the Bills I will tell you the cause though I must avow I ow an account of My Actions to none but God alone It is known to every one that a while ago the House of Commons gave Me a Remonstrance how acceptable every man may judge and for the merit of it I will not call that in question for I am sure no wise man can justifie it Now since I am certainly informed that a second Remonstrance is preparing for Me to take away My profit of Tonnage and Poundage one of the chief Maintenances of the Crown by alledging that I have given away My Right thereof by My Answer to your Petition This is so prejudicial unto Me that I am forced to end this Session some few hours before I meant it being not willing to receive any more Remonstrances to which I must give a harsh Answer And since I see that even the House of Commons begins already to make false constructions of what I granted in your Petition lest it be worse interpreted in the Countrey I will now make a Declaration concerning the true intent thereof The Profession of both Houses in the time of hammering this Petition was no waies to trench upon My Prerogative saying they had neither intention nor power to hurt it Therefore it must needs be conceived that I have granted no New but only confirmed the Antient Liberties of My Subjects Yet to shew the clearness of My intentions that I neither repent nor mean to recede from any thing I have promised you I do here declare that those things which have been done whereby men had some cause to suspect the Liberty of the Subject to be intrench'd upon which indeed was the first and true ground of the Petition shall not hereafter be drawn into example to your prejudice and in time to come in the word of a King you shall not have the like cause to complain But as for Tonnage and Poundage it is a thing I cannot want and was never intended by you to ask never meant I am sure by Me to grant To conclude I command you all that are here to take notice of what I have spoken at this time to be the true intent and meaning of what I granted you in your Petition but especially you My Lords the Judges for to you only under Me belongs the interpretation of the Laws For none of the Houses of Parliament joynt or separate what new Doctrine soever may be raised have any power either to make or declare a Law without My Consent XIV To the Lords and Commons in the Banquetting-House at WHITE-HALL January 24. MDCXXVIII IX MY Lords and Gentlemen The care I have to remove all Obstacles that may hinder the good correspondencie between Me and this Parliament is the cause I have called you hither at this time the particular occasion being a complaint lately made in the Lower-House And for you My Lords I am glad to take this and all other occasions whereby you may clearly understand both My Words and Actions for as you are nearest in degree so are you the fittest Witnesses for Kings The Complaint I speak of is for staying mens Goods that denied Tonnage and Poundage And this may have an easy and short Conclusion if My Words and Actions be rightly understood For by passing the Bill as Mine Ancestors have had it My by-past Actions will be included and My future Actions authorized Which certainly would not have been stuck upon if men had not imagined that I had taken this duty as appertaining to My Hereditary Prerogative In which they are much deceived for it ever was and still is My meaning by the gift of My People to enjoy it and My intent in My Speech at
was informed it related not to the Date but the Execution of the Warrant His Majesty said It might have been better expressed then and that it was a high thing to tax a King with breach of Promise As for this Declaration I could not have believed the Parliament would have sent Me such an one if I had not seen it brought by such persons of Honour I am sorry for the Parliament but glad I have it For by that I doubt not to satisfie My People though I am confident the greater part is so already Ye speak of ill Counsels but I am confident the Parliament hath had worse Informations than I have had Counsels His Majesty asking what he had denied the Parliament the Earl of Holland instanced that of the Militia His Majesty replyed That was no Bill The Earl then said It was a necessary request at this time His Majesty also replied He had not denied it What passed next day when His Majesty delivered His Answer The Earl of Holland having read His Majesty's Answer to the rest of the Committee endeavoured to perswade His Majesty to come near the Parliament To which His Majesty answered I would you had given Me cause but I am sure this Declaration is not the way to it and in all Aristotle's Rhetoricks there is no such Argument of Perswasion The Earl of Pembrook thereupon telling His Majesty that the Parliament had humbly besought His Majesty to come near them as aforesaid His Majesty replyed He had learnt by their Declaration that words were not sufficient The Earl again moving His Majesty to express what He would have His Majesty said He would whip a Boy in Westminster School that could not tell that by His Answer And That they were much mistaken if they thought His Answer of that a Denial The Earl of Pembrook then asking whether the Militia might not be granted as was desired by the Parliament for a time His Majesty answered Not for an hour You have ask'd that of Me in this was never ask'd of a King and with which I will not trust My Wife and Children His Majesty also said The business of Ireland will never be done in the way that you are in Four hundred will never do that work it must be put into the hands of One. If I were trusted with it I will pawn My Head to end that work And though I am a Begger My self yet speaking with a strong asseveration I can find Money for that XXXIX To the Gentry of Yorkshire when they presented their Petition April 5. MDCXLII MAster Sheriff and Gentlemen I believe you expect not a present and particular answer to your Petition because it is new to Me. Only in general I must tell you that I see by it that I am not deceived in the Confidence I have in the affections of this County to my Person and State And I assure you that I will not deceive your Confidence which at this time you have declared in your Petition to have in Me and I am glad to see that it is not upon mistaken grounds as other Petitions have been to Me since I came to this place Concerning which let Me observe unto you that my Answers were to clear those mistakings for I never did go about to punish or discourage them from Petitioning to Me in an humble way though the subject did not agree with My sense albeit within the memory of man people have been discouraged and threatned to be punished for Petitions I observe that your Petition is so modest that it doth not mention any particular for your own good which indeed I expected as knowing that in some particulars you have great reason to do it And therefore that you may not fare the worse for your Modesty I will put you in mind of three particulars which I conceive to be for the good of this Country The first is concerning your trained Bands to reduce them to a lesser number for which I confess to stand ingaged by promise to you which I had performed long since if I had been put in mind of it And now I tell you shew Me but the way and when you shall think fit I shall instantly reduce them to that number which I promised you two years ago The second is that which is owing to this Countrey for Billet-money The truth is that for the present I cannot repay it Only I will say this that if all the water had gone to the right Mill upon My word you had been long ago satisfied in this particular And so I leave to your discretions which way you will advise and assist Me to comply with the engagements to you in this point The third is that for which I was petitioned as I came up the last year both by the Lord Mayor and Aldermen of this City and likewise by divers others of this County as I went Southward and that is concerning the Court of York And first let me tell you that as yet I know no legal Dissolution of it for hitherto formally there is nothing come to me either directly or indirectly for the taking of it away therefore I may say it is rather shaken in pieces than dissolved Now my desire is in compliance to what I answered the last year unto the several Petitions delivered to me upon this subject that you would consult and agree among your selves in what manner you would have the Court established most to your own contentments and to the good of all these Northern parts in such a Legal way as that it may not justly be excepted against and I assure you in the word of an honest man that you shall not blame me if you have not full satisfaction in it Within a day or two ye shall have a particular Answer to your Petition which shall be such an one as I am confident will give you good satisfaction and put you into such away as I hope may produce good effects to the good of all this Kingdom XL. To the Gentry of Yorkshire at YORK May 12. MDCXLII GEntlemen I have cause of adding not altering what I meant to say when I gave out the summons for this daies appearance I little thought of these Messengers or of such a Message as they brought The which because it confirms me in what I intend to speak and that I desire you should be truly informed of all Passages between me and the Parliament you shall hear read first my Answer to the Declaration of both Houses concerning Hull the Answer of the Parliament to my two Messages concerning Hull together with my reply to the same and my Message to both Houses declaring the Reasons why I refused to pass the Bill concerning the Militia All which being read His Majesty proceeded I will make no Paraphrases upon what ye have heard it is more befitting a Lawyer than a King Only this observation Since Treason is countenanced so near me it is time to look to my Safety I avow
Esq Edmond Wilde Esquire James Chaloner Esquire Josias Barners Esquire Dennis Bond Esq Humphry Edwards Esquire Gregory Clement Esquire John Fry Esquire Thomas Wogan Esq Sir Gregory Norton Serjeant John Bradshaw Colonel Edmund Harvey John Dove Esq Colonel John Venne John Foulk Alderman Thomas Scot Esquire Thomas Andrews Alderman William Cawley Esquire Abraham Burrell Esquire Colonel Anthony Stapely Roger Gratwicke Esquire John Downes Esquire Colonel Thomas Horton Colonel Thomas Hammond Colonel George Fenwick Serjeant Robert Nichols Robert Reynolds Esquire John Liste Esquire Nicholas Love Esquire Vincent Potter Sir Gilbert Pickering John Weaver Esquire John Lenthal Esquire Sir Edward Baynton John Corbet Esquire Thomas Blunt Esquire Thomas Boone Esquire Augustine Garland Esquire Augustine Skinner Esquire John Dixwel Esquire Colonel George Fleetwood Simon Maine Esquire Colonel James Temple Colonel Peter Temple Daniel Blagrave Esquire Sir Peter Temple Colonel Thomas Waite John Brown Esquire John Lowry Esquire shall be and are hereby appointed Commissioners and Judges for the hearing Trying and Judging of the said Charles Stuart And the said Commissioners or any twenty or more of them shall be and are hereby Authorized and constituted an High Court of Justice to meet at such convenient times and places as by the said Commissioners or the major part or twenty or more of them under their hands and seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of Westminster and to adjourn from time to time and from place to place as the said High Court or the major part thereof meeting shall hold fit and to take order for the charging of him the said Charles Stuart with the Crimes above mentioned and for the receiving His Personal Answer thereunto and for examination of Witnesses upon Oath if need be concerning the same and thereupon or in default of such Answer to proceed to final Sentence according to Justice and the merit of the Cause to be executed speedily and impartially And the said Court is hereby Authorized and required to chuse and appoint all such Officers Attendanrs and other circumstances as they or the major part of them shall in any sort judge necessary or useful for the orderly and good managing of the premisses and Thomas Lord Fairfax the General with all Officers of Justice and other well-affected persons are hereby Authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the Trust hereby committed unto them Provided that this Ordinance and the Authority hereby granted do continue for the space of one Month from the Date of the making hereof and no longer After the reading of this the several Names of the Commissioners were called over every one who was present rising up and answering to his call The King having again placed Himself in the Chair with His face towards the Commissioners Silence was again ordered and Bradshaw with Impudence befitting his person and his place stood up and said CHARLES STUART King of England The Commons of England assembled in Parliament being deeply sensible of the Calamities that have been brought upon this Nation which is fixed upon you as the principal Author of it have resolved to make inquisition for Blood and according to that Debt and Duty they owe to Justice to God the Kingdom and themselves and according to the Fundamental Power that rests in themselves they have resolved to bring you to Trial and Judgment and for that purpose have constituted this High Court of Justice before which you are brought Then their Solicitor John Cook standing within a Bar on the right hand began My Lord in behalf of the Commons of England and of all the People thereof I do accuse CHARLES STUART here present of high Treason and high Misdemeanures and I do in the name of the Commons of England desire the Charge may be read unto him As he was speaking the King held up his Staffe and laying it on his shoulders two or three times bid him Hold a little But Bradshaw ordered him to go on and the Charge being delivered to their Clerk Bradshaw told the King Sir the Court Commands the Charge to be read If you have any thing to say afterwards you may be heard Then the Clerk being ordered to read began The Charge of the Commons of England against CHARLES STUART King of England of High Treason and other High Crimes exhibited to the High Court of Justice THat the said CHARLES STUART being admitted King of England and therein trusted with a limited Power to govern by and according to the Laws of the Land and not otherwise and by his Trust Oath and Office being obliged to use the Power committed to him for the good and benefit of the People and for the preservation of their Rights and Liberties yet nevertheless out of a wicked Design to erect and uphold in himself an unlimited and Tyrannical Power to Rule according to his Will and to overthrow the Rights and Liberties of the People yea to take away and make void the Foundations thereof and of all redress and remedy of Mis-government which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right Power of frequent and successive Parliaments or National Meetings in Council he the said Charles Stuart for accomplishment of such his Designs and for the protecting himself and his Adherents in his and their wicked practices to the same Ends hath traiterously and maliciously levied War against the present Parliament and the People therein Represented Particularly upon or about the thirtieth day of June in the year of our Lord one thousand six hundred forty and two at Beverly in the County of York and upon or about the thirtieth day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the Town of Nottingham when and where he set up his Standard of War and upon or about the twenty third day of October in the same year at Edge-Hill and Kineton field in the County of Warwick and upon or about the thirtieth day of November in the same year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the year of our Lord one thousand six hundred forty and three at Cavesham Bridge near Reading in the County of Berks and upon or about the thirtieth day of October in the year last mentioned at or near the City of Gloucester and upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks and upon or about the one and thirtieth day of July in the year of our Lord one thousand six hundred forty and four at Croperdy Bridge in the County of Oxon and upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places near adjacent in the County of Cornwall and
hither I do stand more for the Liberty of My People than any here that come to be My pretended Judges and therefore let Me know by what lawful Authority I am seated here and I will answer it otherwise I will not answer it Bradshaw Sir how really you have managed your Trust is known your way of Answer is to interrogate the Court which beseems not you in this Condition You have been told of it twice or thrice KING Here is a Gentleman Lieutenant Colonel Cobbet ask him if he did not bring Me from the Isle of Wight by force I do not come here as submitting to the Court. I will stand as much for the Privilege of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing of the King to His Parliament Is this the bringing an end to the Treaty in the Publick Faith of the World Let Me see a Legal Authority warranted by the Word of God the Scriptures or warranted by the Constitutions of the Kingdom and I will answer Bradshaw Sir you have propounded a Question and have been answered Seeing you will not answer the Court will consider how to proceed In the mean time those that brought you hither are to take charge of you back again The Court desires to know whether this be all the Answer you will give or no. KING Sir I desire that you would give Me and all the World satisfaction in this Let Me tell you It is not a slight thing you are about I am sworn to keep the Peace by that Duty I owe to God and My Countrey and I will do it to the last breath of My body And therefore you shall do well to satisfie first God and then the Country by what Authority you do it If you do it by an usurped Authority you cannot answer it There is a God in Heaven that will call you and all that give you Power to account Satisfie Me in that and I will answer otherwise I betray My Trust and the Liberties of the People and therefore think of that and then I shall be willing For I do avow That it is as great a Sin to withstand Lawful Authority as it is to submit to a Tyrannical or any otherways unlawful Authority And therefore satisfie God and Me and all the World in that and you shall receive My Answer I am not afraid of the Bill Bradshaw The Court expects you should give them a final Answer Their purpose is to adjourn till Monday next If you do not satisfie your self though we do tell you our Authority we are satisfied with our Authority and it is upon God's Authority and the Kingdoms and that Peace you speak of will be kept in the doing of Justice and that 's our present Work KING For Answer let Me tell you you have shewn no Lawful Authority to satisfie any reasonable man Bradshaw That 's in your apprehension we are satisfied that are your Judges KING 'T is not My apprehension nor yours neither that ought to decide it Bradshaw The Court hath heard you and you are to be disposed of as they have commanded So commanding the Guard to take Him away His Majesty only replied Well Sir And at His going down pointing with His Staff toward the Ax He said I do not fear that As He went down the stairs the People in the Hall cried out God save the King notwithstanding some were there set by the Faction to lead the clamour for Justice O yes being called they adjourn Westminster-Hall Monday Jan. 22. Afternoon SVnday being spent in Fasting and Preaching according to their manner of making Religion a pretence and prologue to their Villanies on Monday afternoon they came again into the Hall and after Silence commanded called over their Court where Seventy persons being present answered to their Names His Majesty being brought in the People gave a shout Command given to the Captain of their Guard to fetch and take into his custody those who make any Disturbance Then their Solicitor Cook began May it please your Lordship my Lord President I did at the last Court in the behalf of the Commons of England exhibite and give into this Court a Charge of High Treason and other high Crimes against the Prisoner at the Bar whereof I do accuse him in the name of the People of England and the Charge was read unto him and his Answer required My Lord he was not then pleased to give an Answer but in stead of answering did there dispute the Authority of this High Court My humble motion to this High Court in behalf of the Kingdom of England is That the Prisoner may be directed to make a Positive Answer either by way of Confession or Negation which if he shall refuse to do that the matter of Charge may be taken pro confesso and the Court may proceed according to Justice Bradshaw Sir you may remember at the last Court you were told the occasion of your being brought hither and you heard a Charge read against you containing a Charge of High Treason and other high Crimes against this Realm of England you heard likewise that it was prayed in the behalf of the People that you should give an Answer to that Charge that thereupon such proceedings might be had as should be agreeable to Justice you were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority you were brought hither you did divers time propound your Questions and were as often answer'd That it was by the Authority of the Commons of England assembled in Parliament that did think fit to call you to account for those high and capital Misdemeanours wherewith you were then charged Since that the Court hath taken into consideration what you then said they are fully satisfied with their own Authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you They do expect you should either confess or deny it If you deny it is offered in the behalf of the Kingdom to be made good against you Their Authority they do avow to the whole World that the whole Kingdom are to rest satisfied in and you are to rest satisfied with it and therefore you are to lose no more time but to give a positive Answer thereunto KING When I was here last 't is very true I made that Question and if it were only My own particular Case I would have satisfied My self with the Protestation I made the last time I was here against the Legality of this Court and that a King cannot be tried by any superior Jurisdiction on Earth But it is not My Case alone it is the Freedom and the Liberty of the People of England and do you pretend what
done and Signed and Sealed accordingly as followeth At the High Court of Justice for the Trying and Judging of CHARLES STUART King of England Januar. 29. 1648. WHereas Charles Stuart King of England is and standeth Convicted Attainted and Condemned of High Treason and other high Crimes and Sentence upon Saturday last was pronounced against him by this Court to be put to death by the severing of his Head from his Body of which Sentence Execution yet remains to be done These are therefore to will and require you to see the said Sentence executed in the open Street before White-hall upon the morrow being the 30. day of this instant Month of January between the hours of Ten in the Morning and Five in the Afternoon of the same day with full effect And so doing this shall be your sufficient Warrant And these are to require all Officers and Souldiers and other the good People of this Nation of England to be assisting unto you in this Service To Colonel Francis Hacker Colonel Huncks and Lieutenant Colonel Phayre and to every of them Given under our hands and seals John Bradshaw Thomas Gray Ol. Cromwel Edw. Whaley Mi. Livesey John Okey Jo. Danvers Jo. Bourchier Rich. Ingoldsby W. Cawley J. Barkestead Isaac Ewer J. Dixwell Val. Wauton Symon Meyne Tho. Horton H. Ireton Tho. Maleverer John Blakeston Jo. Hutchinson Will. Goffe Tho. Pride Pe. Temple Tho. Harrison Hen. Smith Per. Pelham Ri. Dean Rob. Tichburne Hum. Edwards Dan. Blagrave Owen Rowe William Purefoy Ad. Scroope James Temple A. Garland Edm. Ludlow Hen. Marten Vincent Potter W. Constable Jo. Jones Jo. Moore Ha. Waller Gilb. Millington G. Fleetwood J. Alured Rob. Lilburne W. Saye Anth. Stapeley Gre. Norton Tho. Chaloner Tho. Wogan Jo. Venne Greg. Clement Jo. Downes Tho. Waite Tho. Scott Jo. Carew Miles Corbet Tuesday the thirtieth of January the Fatal Day being come the Commissioners met and ordered four or five of their Ministers to attend upon the King at James's where they then kept Him but his Majesty well knowing what miserable comforters they were like to prove refused to have conference with them That Morning before his Majesty was brought thence the Bishop of London who with much ado was permitted to wait upon Him a day or two before and to assist Him in that sad instant read Divine Service in his presence in which the 27th of Saint Matthew the History of our Saviour's Crucifixion proved the second Lesson The King supposing it to have been selected on purpose thank'd him afterwards for his seasonable choice But the Bishop modestly declining that undue thanks told him that it was the Lesson appointed by the Calendar for that day He also then and there received of the Bishop the holy Sacrament and performed all His Devotions in preparation to His Passion Which ended about ten of the clock His Majesty was brought from Saint James's to White-Hall by a Regiment of Foot with Colours flying and Drums beating part marching before and part behind with a private guard of Partisans about Him the Bishop on the the one hand and Colonel Tomlinson who had the charge of Him on the other both bare-headed His Majesty walking very fast and bidding them go faster added That He now went before them to strive for an Heavenly Crown with less solicitude than He had often incouraged His Souldiers to fight for an Earthly Diadem Being come to the end of the Park He went up the Stairs leading to the long Gallery in White-Hall and so into the Cabinet Chamber where He used formerly to lodge There finding an unexpected delay in being brought upon the Scaffold which they had not as then fitted He past the time at convenient distances in Prayer About twelve of the clock His Majesty refusing to dine only eat a bit of Bread and drank a Glass of Claret and about an hour after Colonel Hacker with other Officers and Souldiers brought Him with the Bishop and Colonel Tomlinson through the Banqueting-house to the Scaffold to which the passage was made through a Window Divers Companies of Foot and Troups of Horse were placed on each side of the Street which hindred the approach of the very numerous Spectators and the King from speaking what He had premeditated and prepared for them to hear Whereupon His Majesty finding Himself disappointed omitted much of His intended matter and for what He meant to speak directed Himself chiefly to Colonel Tomlinson I Shall be very little heard of any body here I shall therefore speak a word unto you here Indeed I could hold My peace very well if I did not think that holding My peace would make some men think that I did submit to the Guilt as well as to the Punishment But I think it is My Duty to God first and to My Country for to clear My self both as an honest Man and a good King and a good Christian I shall begin first with My Innocency In troth I think it not very needful for Me to insist long upon this for all the World knows that I never did begin a War first with the two Houses of Parliament and I call God to witness to whom I must shortly make an account that I never did intend for to incroach upon their Privileges they began upon Me it is the Militia they began upon they confest that the Militia was Mine but they thought it fit for to have it from Me. And to be short if any body will look to the Dates of Commissions of their Commissions and Mine and likewise to the Declarations they will see clearly that they began these unhappy Troubles not I. So that as to the guilt of these enormous Crimes that are laid against Me I hope in God that God will clear Me of it I will not I am in Charity God forbid that I should lay it on the two Houses of Parliament there is no necessity of either I hope they are free of this Guilt For I do believe that ill Instruments between them and Me have been the chief cause of all this blood-shed So that by way of speaking as I find my self clear of this I hope and pray God that they may too Yet for all this God forbid that I should be so ill a Christian as not to say that God's Judgments are just upon Me many times he does pay Justice by an unjust Sentence that is ordinary I will only say this That an unjust Sentence that I suffered for to take effect is punished now by an unjust Sentence upon Me. That is So far I have said to shew you that I am an innocent man Now for to shew you that I am a good Christian I hope there is a good man that will bear Me witness that I have forgiven all the World and even those in particular that have been the chief causers of My Death Who they are God knows I do not desire to know I pray God forgive them But this is not all My Charity must go further I
of War And Justice stands a Prisoner at the Bar. This Scene was like the Passion-Tragedy His Saviour's Person none could Act but He. Behold what Scribes were here what Pharisees What Bands of Souldiers what false Witnesses Here was a Priest and that a Chief one who Durst strike at God and His Vicegerent too Here Bradshaw Pilate there This makes them twain Pilate for Fear Bradshaw condemn'd for Gain Wretch couldst not thou be rich till Charles was dead Thou might'st have took the Crown yet spar'd the Head Th' hast justifi'd that Roman Judge He stood And washt in Water thou hast dipt in Blood And where 's the Slaughter-House White-hall must be Lately His Palace now His Calvary Great CHARLES is this Thy dying-place And where Thou wer 't our KING art Thou our MARTYR there Thence thence Thy Soul took flight and there will we Not cease to Mourn where Thou didst cease to Be. And thus blest Soul He 's gone a Star whose fall As no Eclipse proves Oecumenical That Wretch had skill to sin whose Hand did know How to behead three Kingdoms at one blow England hath lost the Influence of her KING No wonder that so backward was her Spring O dismal Day but yet how quickly gone It must be short Our SUN went down at Noon And now ye Senators is this the Thing So oft declar'd is this your Glorious King Did you by Oaths your God and Country mock Pretend a Crown and yet prepare a Block Did you that swore you 'd Mount CHARLES higher yet Intend the Scaffold for His Olivet Was this Hail Master Did you bow the knee That you might murther Him with Loyalty Alas two Deaths what Cruelty was this The Axe design'd you might have spar'd the Kiss London didst thou Thy Prince's Life betray What could Thy Sables vent no other way Or else didst thou bemoan His Cross then ah Why would'st thou be the cursed Golgotha Thou once hadst Men Plate Arms a Treasury To bind thy KING and hast thou none to free Dull beast thou should'st before thy Head did fall Have had at least thy Spirits Animal Did You Ye Nobles envy CHARLES His Crown Jove being fal'n the Puny-gods must down Your Raies of Honour are eclip'st in Night The Sun is set from whence You drew your Light Religion Veils her self and Mourns that she Is forc'd to own such horrid Villany The Church and State do shake that Building must Expect to fall whose Prop is turn'd to Dust But cease from Tears-CHARLES is most blest of men A God on Earth more than a Saint in Heav'n THE END A COLLECTION OF DECLARATIONS TREATIES AND OTHER Principal Passages concerning the DIFFERENCES BETWIXT King Charles I. AND HIS TWO HOUSES OF PARLIAMENT Clearly Manifesting The Justice of His Cause His Sincerity in Religion His Constant Endeavours for Peace Bona agere mala pati Regium est LONDON Printed MDCLXXXVII THE PREFACE TO THE NOBILITY and GENTRY OF ENGLAND I Might call this Collection A Complete Body of English Politicks as comprehending both the Duty and the Interest of all true English-men and those largely set forth in some of the most excellent Discourses that were ever written in this kind Which for their own sakes might claim some better respect from the present Age than to be cast aside as out-dated Pamphlets or at the best confusedly scattered like the Leaves of Sibylla without any care of conserving and transmitting them to Posterity The sad Experience of so many years hath taught this Nation to their cost how miserable even the greatest Subjects make themselves by incroaching upon that Soveraignty which alone can protect them from the Injuries and the Scorn of their Inferiours Here you will discover the Arts the Means and the Degrees by which those Mischiefs were attempted and atchieved Which whensoever you see repeated you will know the Plot is as well against your Privilege and the Liberty of your Countrey as the Prerogative of your Prince Indeed If it were as easie to root out the remembrance of the ill Examples as it is to remit the punishment of the Crimes by Acts of Grace and Pardon and Oblivion it were perhaps no Imprudence to let those Mischiefs sleep with their Authors and leave their Memories buried in the Ruines they have made But since many that are content to take the utmost advantage of a Pardon are yet too good to acknowledge they ever stood in need of any since most will remember only What hath been done and few trouble themselves to inquire How or Why it cannot be thought impertinent together with the Actions to represent also the true Causes that have produced such Effects and the Circumstances that attended them which may remain as Marks to warn Posterity of those Errors which have cost the present Age so dear This is here done not from the private phancies or observations of any one Person or Party but from the Publick and Authentick Writings of Both digested in such order that the Reader may compare what both sides had to say for themselves and thereby discern whose Designs and what Counsels tended most to the Peace and Welfare of the Nation A study most proper for those Ranks of men whom the Favour of Princes hath raised above the Common Multitude to this one End that they may assist Them in the administration of Their Government and in keeping Peace and good order in their Countries To have Collected all that passed in these great Contests would have been the Work of many Volumes But the most material and most necessary to carry on the Series of Times and Things which in a manner comprehend the Sum or at least shew the Result of all the rest are here disposed according to their most natural order of time under these few heads I. His Majesties Declarations concerning His Proceedings in His Four first Parliaments p. 217. II. Declarations and Papers concerning the Differences betwixt His Majesty and His Fifth Parliament p. 241. III. Declarations and Paper concerning the Treaty of Peace at Oxford MDCXLII III. p. 325. IV. A Declaration concerning the Cessation in Ireland Also Declarations and Passages of the Parliament at Oxford p. 401. V. Papers and Passages concerning the Treaty of Peace at Vxbridge p. 437. VI. Messages Propositions and Treaties for Peace With divers Resolutions and Declarations thereupon MDCXLV VI. VII VIII p. 547. HIS MAJESTIES DECLARATIONS CONCERNING HIS PROCEEDINGS IN HIS FOUR FIRST PARLIAMENTS A Declaration of the true Causes which moved His MAJESTY to Assemble and after inforced Him to Dissolve the First and Second Meetings in Parliament THE King 's most Excellent Majesty since His happy access to the Imperial Crown of this Realm having by His Royal Authority summoned and assembled two several Parliaments the first whereof was in August last by adjournment held at Oxford and there dissolved and the other begun in February last and continued until the fifteenth day of this present month of June and then to the unspeakable grief
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
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 still must pursue those ends and undergo that Charge for which it was first granted to the Crown it having been so long and constantly continued to Our Predecessors as that in four several Acts of Parliament for the granting thereof to King Edward the Sixth Queen Mary Queen Elizabeth and Our blessed Father it is in express terms mentioned to have been had and enjoyed by the several Kings named in those Acts time out of mind by authority of Parliament And therefore upon these reasons We held it agreeable to Our Kingly Honour and necessary for the safety and good of Our Kingdom to continue the receipt thereof as so many of Our Predecessors had done Wherefore when a few Merchants being at first but one or two fomented as it is well known by those evil Spirits that would have hatched that undutiful Remonstance began to oppose the payment of Our accustomed duties in the Custom-house We gave order to the Officers of Our Customs to go on notwithstanding that opposition in the receiving of the usual duties and caused those that refused to be warned to attend at the Council-board that by the wisdom and authority of Our Council they might be reduced to obedience and duty where some of them without reverence or respect to the honour and dignity of that presence behaved themselves with such boldness and insolency of speech as was not to be endured by a far meaner Assembly much less to be countenanced by a House of Parliament against the body of Our Privy Council And as in this We did what in honour and reason was fit for the present so Our thoughts were daily intentive upon the re-assembling of Our Parliament with full intention on Our part to take away all ill understanding between Us and Our people whose loves as We desired to continue and preserve so We used Our best endeavours to prepare and facilitate the way to it And to this end having taken a strict and exact survey of Our Government both in the Church and Commonwealth and what things were most fit and necessary to be reformed We found in the first place that much exception had been taken at a book intituled Appello Caesarem or An Appeal to Caesar and published in the year 1625. by Richard Mountague then Batchelour of Divinity and now Bishop of Chichester and because it did open the way to those Schisms and Divisions which have since ensued in the Church We did for remedy and redress thereof and for satisfaction of the Consciences of Our good people not only by Our publick Proclamation call in that Book which ministred matter of offence but to prevent the like danger for hereafter reprinted the Articles of Religion established in the time of Queen Elizabeth of famous memory and by a Declaration before those Articles We did tie and restrain all Opinions to the sense of those Articles that nothing might be left for private fancies and innovation For We call God to record before whom We stand that it is and always hath been Our hearts desire to be found worthy of that Title which We accompt the most glorious in all Our Crown Defender of the Faith neither shall We ever give way to the authorizing of any thing whereby any Innovation may steal or creep into the Church but preserve that unity of Doctrine and Discipline established in the time of Queen Elizabeth whereby the Church of England hath stood and flourished ever since And as We were careful to make up all breaches and rents in Religion at home so did We by Our Proclamation and Commandment for the execution of Laws against Priests and Popish Recusants fortifie all ways and approaches against that foreign Enemy which if it have not succeeded according to Our intention We must lay the fault where it is in the subordinate Officers and Ministers in the Country by whose remissness Jesuites and Priests escape without apprehension and Recusants from those convictions and penalties which the Laws and Our Commandment would have inflicted on them For We do profess that as it is Our duty so it shall be our care to command and direct well but it is the part of others to perform the Ministerial Office And when We have done Our Office We shall account Our Self and all charitable men will accompt Us innocent both to God and Men and those that are negligent We will esteem as culpable both to God and Us and therefore will expect that hereafter they give Us a better accompt And as We have been careful for the setling of Religion and quieting the Church so were We not unmindful of the preservation of the just and ancient Liberties of Our Subjects which We secured to them by Our gracious Answer to the Petition in Parliament having not since that time done any Act whereby to infringe them but Our care is and hereafter shall be to keep them intire and inviolable as We would do Our own Right and Sovereignty having for that purpose enrolled the Petition and Answer in Our Courts of Justice Next to the care of Religion and of Our Subjects Rights We did Our best for the provident and well ordering of that aid and supply which was granted Us the last Session whereof no part hath been wastfully spent nor put to any other use than those for which it was desired and granted as upon payment of Our Fleet and Army wherein Our care hath been such as We chose rather to discontent Our dearest Friends and Allies and Our nearest Servants than to leave Our Souldiers and Mariners unsatisfied whereby any vexation or disquiet might arise to Our people We have also with part of those Moneys begun to supply Our Magazines and stores of Munition and to put Our Navy into a constant form and order Our Fleet likewise is fitting and almost in a readiness whereby the Narrow Seas may be guarded Commerce maintained and Our Kingdom secured from all forein attempts These Acts of Ours might have made this impression in all good minds that We were careful to direct Our counsels and dispose Our actions so as might most conduce to the maintenance of Religion honour of Our Government and safety of Our People But with mischievous men once ill-affected Seu bene seu malè facta premunt and whatsoever once seemed amiss is ever remembred but good endeavours are never regarded Now all these things that were the chief complaints the last Session being by Our Princely care so seriously reformed the Parliament re assembled the twentieth of January last We expecting according to the candor and sincerity of Our own thoughts that men would have framed themselves for the effecting a right understanding between Us and Our people But some few malevolent persons like Empiricks and lewd Artists did strive to make new work and to have some Disease on foot to keep themselves in request and to be imployed and entertained in the Cure And yet to manifest how much offences have been diminished the Committees
for Grievances Committees for Courts of Justice and Committees for Trade have since the sitting down of the Parliament received few complaints and those such as they themselves have not thought to be of that moment or importance with which Our ears should be acquainted No sooner therefore was the Parliament set down but these ill-affected men began to sow and disperse their Jealousies by casting out some glances and doubtful speeches as if the Subject had not been so clearly and well dealt with touching their Liberties and touching the Petition answered the last Parliament This being a plausible Theme thought on for an ill purpose easily took hold on the minds of many that knew not the practice And thereupon the second day of the Parliament a Committee was appointed to search whether the Petition and Our Answer thereunto were enrolled in the Parliament Roll and in the Courts at Westminster and in what manner the same was done And a day was then also appointed on which the House being resolved into a Committee should take into consideration those things wherein the Liberty of the Subject had been invaded against that Petition This though it produced no other effect of moment or importance yet was sufficient to raise a jealousie against Our Proceedings in such as were not well acquainted with the sincerity and clearness of them There followed another of no less skill for although Our proceeding before the Parliament about matters of Religion might have satisfied any moderate men of Our zealous care thereof as We are sure it did the most yet as bad stomachs turn the best things into their own nature for want of good digestion so those distempered persons have done the like of Our good intents by a bad and sinister interpretation For when they did observe that many honest and Religious minds in that House did complain of those dangers that did threaten the Church they likewise took the same word in their mouth and their cry likewise was Templum Domini Templum Domini when the true care of the Church never came into their hearts and what the one did out of zeal unto Religion the other took up as a plausible Theme to deprave Our Government as if We Our Clergy and Council were either senseless or careless of Religion And this wicked practice hath been to make Us seem to walk before Our people as if We halted before God Having by these Artifices made a jealous impression in the hearts of many and a day being appointed to treat of the Grant of Tonnage and Poundage at the time prefixed all express great willingness to grant it but a new strain is found out that it could not be done without great peril to the Right of the Subject unless We should disclaim any right therein but by Grant in Parliament and should cause all those goods to be restored which upon Commandment from Us or Our Council were stayed by Our Officers until those duties were payed and consequently should put Our self out of possession of the Tonnage and Poundage before they were granted for else it was pretended the Subject stood not in fit case to grant it A fancy and cavil raised of purpose to trouble the business it being evident that all the Kings before named did receive that duty and were in actual possession of it before and at the very time when it was granted to them by Parliament And although We to remove all difficulties did from Our own mouth in those clear and open terms that might have satisfied any moderate and well-disposed minds declare that it was Our meaning by the gift of Our people to enjoy it and that We did not challenge it of right but took it de bene esse shewing thereby not the right but the necessity by which We were to take it wherein We descended for their satisfaction so far beneath Our self as We are confident never any of Our Predecessors did the like nor was the like ever required or expected from them yet for all this the Bill of Tonnage and Poundage was laid aside upon pretence they must first clear the right of the Subject therein under colour whereof they entertain the complaints not only of John Rolls a member of their House but also of Richard Chambers John Fowkes and Bartholomew Gilman against the Officers of Our Customs for detaining their goods upon refusal to pay the ordinary duty accustomed to be paid for the same And upon these complaints they send for the Officers of the Customs enforcing them to attend day after day by the space of a month together they cause them to produce their Letters Patents under Our great Seal and the Warrants made by Our Privy Council for levying of those duties they examine the Officers upon what questions they please thereby to entrap them for doing Our Service and Commandment In these and other their Proceedings because We would not give the least shew of interruption We endured long with much patience both these and sundry other strange and exorbitant incroachments and usurpations such as were never before attempted in that House We are not ignorant how much that House hath of late years endeavoured to extend their Priviledges by setting up general Committees for Religion for Courts of Justice for Trade and the like a course never heard of until of late so as where in former times the Knights and Burgesses were wont to communicate to the House such business as they brought from their Countries now there are so many Charis erected to make enquiry upon all sorts of men where complaints of all sorts are entertained to the unsufferable disturbance and scandal of Justice and Government which having been tolerated a while by Our Father and Our self hath daily grown to more and more height insomuch as young Lawyers sitting there take on them to decry the Opinions of the Judges and some have not doubted to maintain that the resolutions of that House must bind the Judges a thing never heard of in Ages past But in this last Assembly of Parliament they have taken on them much more than ever before They sent Messengers to examine Our Attorney General who is an Officer of trust and secrecy touching the execution of some Commandments of Ours of which without Our leave first obtained he was not to give account to any but to Our self They sent a captious and directory message to the Lord Treasurer Chancellor and Barons of the Exchequer touching some judicial proceedings of theirs in Our Court of Exchequer They sent Messengers to examine upon sundry questions Our two chief Justices and three other of Our Judges touching their judicial proceedings at the Gaol-Delivery at Newgate of which they are not accomptable to the House of Commons And whereas Suits were commenced in Our Court of Star-Chamber against Richard Chambers John Fowkes Bartholomew Gilman and Richard Philips by Our Attorney General for great misdemeanors they resolved that they were to have Priviledge of Parliament against Us
for their persons for no other cause but because they had Petitions depending in that House and which is more strange they resolved that a Signification should be made from that House by a Letter to issue under the hand of their Speaker unto the Lord Keeper of Our Great Seal that no Attachments should be granted out against the said Chambers Fowkes Gilman or Philips during their said Priviledge of Parliament whereas it is far above the power of that House to give direction to any of Our Courts at Westminster to stop Attachments against any man though never so strongly priviledged the breach of priviledge being not in the Court that grants but in the party or Minister that puts in execution such Attachments And therefore if any such Letter had come to the Lord Keeper as it did not he should have highly offended Us if he had obeyed it Nay they went so far as they spared not the Honour of Our Council-board but examined their proceedings in the case of Our Customers interrogating what this or that man of Our Council said in direction of them in the business committed to their charge And when one of the members of that House speaking of Our Counsellers said We had wicked Counsel and another said That the Council and Judges sought to trample under feet the Liberty of the Subject and a third traduced Our high Court of Star-Chamber for the sentence given against Savage they passed without check or censure by the House By which may appear how far the members of that House have of late swollen beyond the rules of moderation and the modesty of former times and this under pretence of priviledge and freedom of speech whereby they take liberty to declare against all authority of Council and Courts at their pleasure They sent for Our Sheriff of London to examine him in a cause whereof they had no jurisdiction their true and ancient jurisdiction extending only to their own Members and to the conservation of their Priviledges and not to the censure of forein persons and causes which have no relation to their Priviledges the same being but a late Innovation And yet upon an enforced strain of a contempt for not answering to their satisfaction they committed him to the Tower of London using that outward pretext for a cause of their committing him the true and inward cause being for that he had shewed himself dutiful to Us and Our Commandments in the matter concerning Our Customs In these Innovations which We will never permit again they pretended indeed Our service but their drift was to break by this means through all respects and ligaments of Government and to erect an universal overswaying power to themselves which belongs only to Us and not to them Lastly in their proceedings against Our Customers they went about to censure them as Delinquents and to punish them for staying some goods of some factious Merchants in Our Store-house for not paying those duties which themselves had formerly payed and which the Customers without interruption had received of all other Merchants many years before and to which they were authorized both by Our great Seal and by several directions and commandments from Us and Our Privy Council To give some colour to their proceedings herein they went about to create a new Priviledge which We will never admit That a Parliament-man hath priviledge for his goods against the King the consequence whereof would be that he may not be constrained to pay any duties to the King during the time of Priviledge of Parliament It is true they would have made this case to have been between the Merchant and Our Farmers of Our Custom and have severed them from Our Interest and Commandment thereby the rather to make them liable to the censure and punishment of that House But on the other side We holding it both unjust and dishonourable to withdraw Our self from Our Officers in any thing they did by Our Commandment or to disavow any thing that We had enjoyned to be done upon Monday the three and twentieth day of February sent a Message unto them by Secretary Coke thanking them for the respect they had shewed in severing the Interest of Our Farmers from Our own Interest and Commandment nevertheless We were bound in Honour to acknowledge as truth that what was done by them was done by Our express direction and commandment and if for doing thereof Our Farmers should suffer it would highly concern Us in Honour Which Message was no sooner delivered unto them but in a tumultuous and discontented manner they called Adjourn Adjourn and thereupon without any cause given on Our part in a very unusual manner adjourned themselves until the Wednesday following on which day by the uniform advice of Our Privy Council We caused both Houses to be adjourned until the second day of March hoping that in the mean time a better and more right understanding might be begotten between Us and the members of that House whereby the Parliament might come to an happy issue But understanding by good advertisement that their discontent did not in that time digest and pass away We resolved to make a second Adjournment until the tenth of March which was done as well to take time to Our self to think of some means to accommodate those difficulties as to give them time to advise better and accordingly We gave commandment for a second Adjournment in both Houses and for cessation of all businesses till the day appointed Which was very dutifully obeyed in the Higher House no man contradicting or questioning it But when the same commandment was delivered in the House of Commons by their Speaker it was straightways contradicted and although the Speaker declared unto them it was an absolute Right and power in Us to adjourn as well as to prorogue or dissolve and declared and read unto them divers precedents of that House to warrant the same yet Our commandment was most contemptuously disobeyed and some rising up to speak saying they had business to do before the House should be adjourned the Speaker again declared Our express and peremptory command to adjourn and that himself should presently leave the House and come unto Us which he offered to do but was withstood by two that had of purpose placed themselves one on either side of the Speaker's Chair and by force held him in for a time yet the Speaker finding means to get out of the Chair and purposing to come to Us as We had commanded those two and divers others caught hold of him and by strong hand brought him back and set him in the Chair against his will and then a member of that House cast out a most seditious paper framed by himself and his Adherents without any warrant from the House and containing a proscription of such as in duty and obedience to Us should advise or assist Us in the receipt of Tonnage and Poundage or should pay that duty as Enemies to the State and required
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
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 the charge of an Army fit to master such a business amounting to so great a sum as his Majesty had no means to raise having not only emptied his own coffers but issued between three and four hundred thousand pounds which he borrowed of his servants upon security out of his own estate to provide such things as were necessary to begin such an action with his Majesty after the example of his Predecessors resorted to his People in their representative Body the Parliament whom he desired with all the expressions of Grace and Goodness which could possibly come from him that taking into serious and dutiful consideration the nature of these bleeding evils and how dangerous it was to lose the least minute of time lest thereby those of Scotland should gain opportunity to frame their parties with forein States that they would for a while lay aside all other debates and pass an Act for the speedy payment of so many Subsidies as might enable his Majesty to put in readiness for this Summer those things which were to be prepared before so great an Army could be brought into the field For further supply necessary for so great an undertaking his Majesty declared that He expected it not till there might be a happy conclusion of that Session and till their just Grievances might be first graciously heard and relieved Wherein as His Majesty would most willingly have given them the precedence before matter of Supply if the great necessity of his occasions could have permitted so he was graciously pleased for their full assurance and satisfaction therein to give them His Royal word That without determining the Session upon granting of the Subsidies He would give them before they parted as much time as the season of the year and the great affairs in hand would permit for considering all such Petitions as they should conceive to be good for the Commonwealth and what they could not now finish they should have full time to perfect towards Winter His Majesty graciously assuring them that He would go along with them for their advantage through all the expressions of a gracious and pious King to the end there might be such a happy conclusion of that as might be the cause of many more meetings with them in Parliament From their first assembling until the 21 of April the House of Commons did nothing that could give His Majesty any content or confidence in their speedy supplying of Him whereupon He commanded both the Houses to attend Him in the Banquetting House at White-Hall in the afternoon of that 21 day of April Where by the Lord Keeper His Majesty put them in mind of the end for which they were assembled which was for His Majestie 's Supply that if it were not speedy it would be of no use unto Him part of the Army then marching at the charge of above a hundred thousand pounds a month which would all be lost if His Majesty were not presently supplied so as it was not possible to be longer forborn Yet His Majestie then exprest that the Supply He for the present desired was only to enable Him to go on with His designs for three or four months and that He expected no further Supply till all their just Grievances were relieved And because His Majesty had taken notice of some misapprehensions about the levying of the Shipping-money His Majesty commanded the Lord Keeper to let them know That He never had any intention to make any Revenue of it nor had ever made any but that all the money collected had been paid to the Treasurer of the Navy and by Him expended besides great sums of money every year out of His Majestie 's own purse That His Majesty had once resolved this year to have levied none but that He was forced to alter His resolution in regard He was of necessity to send an Army for reducing those of Scotland during which time it was requisite the Seas should be well guarded And besides His Majesty had knowledge of the great Fleets prepared by all neighbouring Princes this year and of the insolencies committed by those of Algiers with the store of Ships which they had in readiness And therefore though His Majesty for this present year could not forbear it but expected their concurrence in the levying of it yet for the future to give all His Subjects assurance how just and Royal His intentions were and that all His aim was but to live like their King able to defend Himself and them to be useful to His friends and considerable to His enemies to maintain the Soveraignty of the Seas and so make the Kingdom flourish in trade and commerce He was graciously pleased to let them know that the ordinary Revenue now taken by the Crown could not serve the turn and therefore that it must be by Shipping-money or some other way wherein He was willing to leave it to their considerations what better course to find out and to settle it how they would so the thing were done which so much imported the honour and safety of the Kingdom and His Majesty for His part would most readily and chearfully grant any thing they could desire for securing them in the propriety of their Goods and Estates and in the Liberty of their Persons His Majesty telling them it was in their power to make this as happy a Parliament as ever was and to be the cause of the King 's delighting to meet with His people and His People with Him That there was no such way to effect this as by putting obligations of trust and confidence upon Him which as it was the way of good manners with a King so it was a surer and safer course for themselves than any that their own jealousies and fears could invent His Majesty being a Prince that deserved their trust and would not lose the honour of it and a Prince of such a gracious nature that disdained His People should overcome Him by kindness He had made this good to some other Subjects of His and if they followed His counsel they should be sure not to repent it being the people that were nearest and dearest to Him and Subjects whom He did and had reason to value more than the Subjects of any His other Kingdoms His Majesty having thus graciously expressed Himself unto them He expected the House of Commons would have the next day taken into consideration the matter of Supply and laid aside all other debates till that were resolved of according to His desire But in stead of giving an Answer therein such as the pressing and urgent occasions required they fell into discourses and debates about their pretended Grievances and raised up so many and of so several natures that in a Parliamentary way they could not but spend more time than His Majestie 's great and weighty Affairs could possibly afford His Majesty foreseeing in His great Wisdom that they were not in the way to make this an happy Parliament which He
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
used that Power Iustly which unjustly he did Usurp Place this P. 241. The most high ruleth in the Kingdome of Men and giueth it to Whoâ—sâ—ever he will and setteth up over it the Basest of men Dan 4. v. 17. Ph. Fruitiers deliâ— Iac. Neeâ—â—s sculp 〈◊〉 DECLARATIONS AND PAPERS Concerning the Difference betwixt His MAJESTY AND HIS Fifth Parliament MDCXLI Decemb. 1. The House of Commons PETITION and Remonstrance of the state of the Kingdom with his Majesties Answers The PETITION of the House of Commons which accompanied the Declaration of the state of the Kingdom when it was presented to His MAJESTY at Hampton-Court Most Gracious Sovereign YOUR Majesties most humble and faithful Subjects the Commoners in this present Parliament assembled do with much thankfulness and joy acknowledge the great mercy and favour of God in giving Your Majesty a safe and peaceable return out of Scotland into Your Kingdom of England where the pressing Dangers and Distempers of the State have caused us with much earnestness to desire the comfort of Your gracious presence and likewise the Unity and Justice of your Royal Authority to give more life and power to the dutiful and loyal Counsels and Endeavours of Your Parliament for the prevention of that imminent Ruine and Destruction wherein Your Kingdoms of England and Scotland are threatned The duty which we owe to Your Majesty and our Country cannot but make us very sensible and apprehensive that the multiplicity sharpness and malignity of those evils under which we have now many years suffered are fomented and cherished by a corrupt and ill-affected party who amongst other their mischievous devices for the alteration of Religion and Government have sought by many false scandals and imputations cunningly insinuated and dispersed among the People to blemish and disgrace our proceedings in this Parliament and to get themselves a party and faction amongst Your Subjects for the better strengthening of themselves in their wicked courses and hindering those provisions and remedies which might by the Wisdom of Your Majesty and Counsel of Your Parliament be opposed against them For preventing whereof and the better information of Your Majesty Your Peers and all other Your loyal Subjects we have been necessitated to make a Declaration of the state of the Kingdom both before and since the Assembly of this Parliament unto this time which we do humbly present to Your Majesty without the least intention to lay any blemish upon Your Royal Person but only to represent how Your Royal Authority and trust have been abused to the great prejudice and danger of Your Majesty and of all Your good Subjects And because we have reason to believe that those malignant parties whose proceedings evidently appear to be mainly for the advantage and increase of Popery are composed set up and acted by the subtile practice of the Jesuites and other Engineers and Factors for Rome and to the great danger of this Kingdom and most grievous affliction of Your loyal Subjects have so far prevailed as to corrupt divers of Your Bishops and others in prime places of the Church and also to bring divers of these Instruments to be of Your Privy Council and other employments of trust and nearness about your Majesty the Prince and the rest of Your Royal Children And by this means have had such an operation in Your Council and the most important affairs and proceedings of Your Government that a most dangerous division and chargeable preparation for War betwixt your Kingdoms of England and Scotland the increase of Jealousies betwixt Your Majesty and Your most obedient Subjects the violent distraction and interruption of this Parliament the Insurrection of the Papists in Your Kingdom of Ireland and bloody Massacre of Your People have been not only endeavoured and attempted but in a great measure compassed and effected For preventing the final accomplishment hereof Your poor Subjects are enforced to ingage their Persons and Estates to the maintaining of a very expenceful and dangerous War notwithstanding they have already since the beginning of this Parliament undergone the charge of 150000. pounds sterling or thereabouts for the necessary support and supply of Your Majesty in these present and perillous Designs And because all our most faithful endeavours and engagements will be ineffectual for the peace safety and preservation of Your Majesty and Your People if some present real and effectual course be not taken for suppressing this wicked and malignant party We Your most humble and obedient Subjects do with all faithfulness and humility beseech Your Majesty 1. That You will be graciously pleased to concurre with the humble desires of Your People in a Parliamentary way for the preserving the peace and safety of the Kingdom from the malicious designs of the Popish party For depriving the Bishops of their Votes in Parliament and abridging their immoderate power usurped over the Clergy and other Your good Subjects which they have most perniciously abused to the hazard of Religion and great prejudice and oppression of the Laws of the Kingdom and just Liberty of Your People For the taking away such oppressions in Religion Church-Government and Discipline as have been brought in and fomented by them For uniting all such Your loyal Subjects together as joyn in the same Fundamental Truths against the Papists by removing some oppressions and unnecessary Ceremonies by which divers weak Consciences have been scrupled and seem to be divided from the rest For the due execution of those good Laws which have been made for securing the Liberty of Your Subjects 2. That Your Majesty will likewise be pleased to remove from Your Council all such as persist to favour and promote any of those Pressures and Corruptions wherewith Your People have been grieved and that for the future Your Majesty will vouchsafe to employ such persons in Your great and publick Affairs and to take such to be near You in places of trust as Your Parliament may have cause to confide in that in Your Princely Goodness to Your People You will reject and refuse all mediation and solicitation to the contrary how powerful and near soever 3. That You will be pleased to forbear to alienate any of the forfeited and escheated Lands in Ireland which shall accrue to Your Crown by reason of this Rebellion that out of them the Crown may be the better supported and some satisfaction made to Your Subjects of this Kingdom for the great expences they are like to undergo this War Which humble desires of ours being graciously fulfilled by Your Majesty we will by the blessing and favour of God most chearfully undergo the hazard and expences of this War and apply our selves to such other courses and counsels as may support Your Royal Estate with Honour and Plenty at home with Power and Reputation abroad and by our Loyal Affections Obedience and Service lay a sure and lasting foundation of the Greatness and Prosperity of Your Majesty and Your Royal Posterity in future times A REMONSTRANCE
of the State of the Kingdom THE Commons in this present Parliament assembled having with much earnestness and faithfulness of affection and zeal to the publick good of this Kingdom and His Majesties Honour and Service for the space of twelve months wrastled with the great Dangers and Fears the pressing Miseries and Calamities the various Distempers and Disorders which had not only assaulted but even overwhelmed and extinguisht the Liberty Peace and Prosperity of this Kingdom the comfort and hopes of all His Majesties good Subjects and exceedingly weakned and undermined the foundation and strength of His own Royal Throne do yet find an abounding malignity and opposition in those Parties and Factions who have been the cause of those evils and do still labour to cast aspersions upon that which hath been done and to raise many difficulties for the hinderance of that which remains yet undone and to foment Jealousies betwixt the King and the Parliament that so they may deprive Him and His People of the fruit of his own gracious intentions and their humble desires of procuring the publick Peace Safety and Happiness of this Realm For the preventing of those miserable effects which such malicious endeavours may produce We have thought good to declare First The Root and the growth of these mischievous Designs Secondly The Maturity and ripeness to which they have attained before the beginning of the Parliament Thirdly The effectual Means which have been used for the extirpation of those dangerous evils and the Progress which hath therein been made by His Majesties Goodness and the wisdom of the Parliament Fourthly The ways of Obstruction and Opposition by which that progress hath been interrupted Fifthly The courses to be taken for the removing those Obstacles and for the accomplishing of our most dutiful and faithful intentions and endeavours of restoring and establishing the ancient Honour Greatness and Security of this Crown and Nation The Root of all this mischief we find to be a malignant and pernicious design of subverting the Fundamental Laws and Principles of Government upon which the Religion and Justice of this Kingdom are firmly establish'd The Actors and Promoters hereof have been First The Jesuited Papists who hate the Laws as the obstacles of that Change and subversion of Religion which they so much long for Secondly The Bishops and the corrupt part of the Clergy who cherish Formality and Superstition as the natural effects and more probable supports of their own Ecclesiastical Tyranny and Vsurpation Thirdly Such Counsellors and Courtiers as for private ends have engaged themselves to further the interests of some foreign Princes or States to the prejudice of His Majesty and the State at home The Common Principles by which they moulded and governed all their particular Counsels and Actions were these First To maintain continual Differences and Discontents betwixt the King and the People upon questions of Prerogative and Liberty that so they might have the advantage of siding with Him and under the notions of men addicted to His Service gain to themselves and their parties the places of greatest trust and power in the Kingdom A Second To suppress the purity and power of Religion and such persons as were best affected to it as being contrary to their own ends and the greatest impediment to that Change which they thought to introduce A Third to conjoyn those parties of the Kingdom which were most propitious to their own ends and to divide those who were most opposite which consisted in many particular observations to cherish the Arminian part in those Points wherein they agreè with the Papists to multiply and enlarge the Differences betwixt the common Protestants and those whom they call Puritans to introduce and countenance such Opinions and Ceremonies as are fittest for accommodation with Popery to encrease and maintain ignorance looseness and prophaneness in the People that of those three parties Papists Arminians and Libertines they might compose a body fit to act such Counsels and resolutions as were most conducible to their own ends A Fourth To disaffect the King to Parliaments by Slanders and false Imputations and by putting Him upon other waies of supply which in shew and appearance were fuller of advantage then the ordinary course of Subsidies though in truth they brought more loss than gain both to the King and People and have caused the great Distractions under which we both suffer As in all compounded bodies the Operations are qualified according to the predominant Element so in this mixt party the Jesuited Counsels being most active and prevailing may easily be discovered to have had the greatest sway in all their determinations and if they be not prevented are likely to devour the rest or to turn them into their own nature In the beginning of His Majesties Reign the party begun to revive and flourish again having been somewhat dampt by the breach with Spain in the last year of King James and by His Majesties Marriage with France the Interests and Counsels of that State being not so contrary to the good of Religion and the prosperity of this Kingdom as those of Spain and the Papists of England having been evermore addicted to Spain then France yet they still retained a purpose and resolution to weaken the Protestant parties in all parts and even in France whereby to make way for the Change of Religion which they intended at home The first effect and evidence of their recovery and strength was the dissolution of the Parliament at Oxford after there had been given two Subsidies to His Majesty and before they received relief in any one Grievance many other more miserable effects followed The loss of the Rochel Fleet by the help of our Shipping set forth and delivered over to the French in opposition to the advice of Parliament which left that Town without defence by Sea and made way not only to the loss of that important place but likewise to the loss of all the strength and security of the Protestant Religion in France The diverting of His Majesties course of Wars from the West Indies which was the most facile and hopeful way for this Kingdom to prevail against the Spaniard to an expenceful and succesless attempt upon Cales which was so ordered as if it had rather been intended to make us weary of War then to prosper in it The precipitate breach with France by taking their Ships to a great value without making recompence to the English whose goods were thereupon imbarg'd and confiscate in that Kingdom The Peace with Spain without consent of Parliament contrary to the promise of King James to both Houses whereby the Palatine Cause was deserted and left to chargeable and hopeless Treaties which for the most part were managed by those who might justly be suspected to be no friends to that Cause The charging of the Kingdom with billetted Souldiers in all parts of it and that concomitant design of Germane horse that the Land might either submit with fear or
manner of a Parliament new Jurisdictions were erected of Romish Archbishops Taxes levied another State moulded within this State independent in Government contrary in Interest and affection secretly corrupting the ignorant or negligent Professours of our Religion and closely uniting and combining themselves against such as were sound in this posture waiting for an opportunity by force to destroy those whom they could not hope to seduce For the effecting whereof they were strengthened with Arms and Munition encouraged by superstitious Prayers enjoyned by the Nuntio to be weekly made for the prosperity of some great Design And such power had they at Court that secretly a Commission was issued out intended to be issued to some Great men of that profession for the levying of Souldiers and to command and employ them according to private instructions which we doubt were framed for the advantage of those who were the contrivers of them His Majesties Treasure was consumed His Revenue anticipated His Servants and Officers compelled to lend great sums of mony Multitudes were called to the Council-Table who were tired with long attendances there for refusing illegal payments The Prisons were filled with their Commitments many of the Sheriffs summoned into the Star-Chamber and some imprisoned for not being quick enough in levying the Ship-money the people languished under grief and fear no visible hope being left but in desperation The Nobility began to be weary of their silence and patience and sensible of the duty and trust which belongs to them and thereupon some of the most eminent of them did petition His Majesty at such a time when evil Counsels were so strong that they had reason to expect more hazard to themselves then redress of those publick evils for which they interceded Whilest the Kingdom was in this agitation and distemper the Scots restrained in their Trades impoverished by the loss of many of their Ships bereaved of all possibility of satisfying His Majesty by any naked Supplication entred with a powerful Army into the Kingdom and without any hostile Act or spoil in the Countrey as they passed more then forcing a passage over the Tyne at Newborne near Newcastle possessed themselves of Newcastle and had a fair opportunity to press on further upon the Kings Army but duty and reverence to His Majesty and brotherly love to the English Nation made them stay there whereby the King had leisure to entertain better Counsels wherein God so blessed and directed Him that He summoned the great Council of Peers to meet at York upon the twenty fourth of September and there declared a Parliament to begin the third of November then following The Scots the first day of the great Council presented an humble Petition to His Majesty whereupon the Treaty was appointed at Rippon a present Cessation of arms agreed upon and the full conclusion of all Differences referred to the wisdom and care of the Parliament At our first meeting all Oppositions seemed to vanish the mischiefs were so evident which those evil Counsellors produced that no man durst stand up to defend them Yet the work it self afforded difficulty enough The multiplied evils and corruption of sixteen years strengthned by Custome and Authority and the concurrent interest of many powerful Delinquents were now to be brought to judgment and Reformation The Kings Houshold was to be provided for they had brought Him to that want that He could not supply His ordinary and necessary Expences without the assistance of His People Two Armies were to be payed which amounted very near to thirty thousand pounds a month the people were to be tenderly charged having been formerly exhausted with many burthensome Projects The Difficulties seemed to be insuperable which by the Divine Providence we have overcome the Contrarieties incompatible which yet in a great measure we have reconciled Six Subsidies have been granted and a Bill of Poll-money which if it be duly levied may equal six Subsidies more in all six hundred thousand pounds Besides we have contracted a debt to the Scots of two hundred and twenty thousand pounds and yet God hath so blessed the endeavours of this Parliament that the Kingdom is a great gainer by all these charges The Ship-money is abolished which cost the Kingdom above 200000 pounds a year The Coat and Conduct-money and other military charges are taken away which in many Countries amounted to little less then the Ship-money The Monopolies are all supprest whereof some few did prejudice the Subject above a Million yearly the Soap an hundred thousand pounds the Wine three hundred thousand pounds the Leather must needs exceed both and Salt could not be less then that besides the inferiour Monopolies which if they could be exactly computed would make up a great sum That which is more beneficial then all this is that the root of these evils is taken away which was the arbitrary power pretended to be in His Majesty of taxing the Subject or charging their estates without consent in Parliament which is now declared to be against Law by the judgment of both Houses and likewise by an Act of Parliament Another step of great advantage is this the living Grievances the evil Counsellors and actors of these mischiefs have been so quelled by the Justice done upon the Earl of Strafford the flight of the Lord Finch and Secretary Windebank the accusation and imprisonment of the Archbishop of Canterbury of Judge Bartlet and the impeachment of divers other Bishops and Judges that it is like not only to be an ease to the present times but a preservation to the future The discontinuance of Parliaments is prevented by the Bill for a Triennial Parliament and the abrupt dissolution of this Parliament by another Bill by which it is provided it shall not be dissolved or adjourned without the consent of both Houses Which two Laws well considered may be thought more advantageous then all the former because they secure a full operation of the present remedy and afford a perpetual Spring of remedies for the future The Star-chamber the High-Commission the Courts of the President and Council in the North were so many forges of Misery Oppression and Violence and are all taken away whereby men are more secured in their Persons Liberties and Estates then they could be by any Law or Example for the regulation of those Courts or Terror of the Judges The immoderate power of the Council-Table and the excessive abuse of that power is so ordered and restrained that we may well hope that no such things as were frequently done by them to the prejudice of the publick Liberty will appear in future times but only in Stories to give us and our posterity more occasion to praise God for his Majesties Goodness and the faithful endeavours of this Parliament The Canons and the power of Canon-making are blasted by the Vote of both Houses The exorbitant power of Bishops and their Courts are much abated by some Provisions in the Bill against the High-Commission Court
The Authors of the many Innovations in Doctrine and Ceremonies the Ministers that have been scandalous in their lives have been so terrified in just Complaints and Accusations that we may well hope they will be more modest for the time to come either inwardly convicted by the sight of their own folly or outwardly restrained by the fear of punishment The Forests are by a good Law reduced to their right bounds the encroachments and oppressions of the Stannary Courts the Extortions of the Clark of the Market and the Compulsion of the Subject to receive the Order of Knight-hood against his will paying of Fines for not receiving it and the vexatious proceedings thereupon for levying of those Fines are by other beneficial Laws reformed and prevented Many excellent Laws and provisions are in preparation for removing the inordinate power vexation and usurpation of Bishops for reforming the pride and idleness of many of the Clergy for easing the people of unnecessary Ceremonies in Religion for censuring and removing unworthy and unprofitable Ministers and for maintaining godly and diligent Preachers through the Kingdom Other things of main importance for the good of this Kingdom are in proposition though little could hitherto be done in regard of the many other more pressing businesses which yet before the end of this Session we hope may receive some progress and perfection The establishing and ordering the Kings Revenue that so the abuse of Officers and superfluity of expences may be cut off and the necessary disbursements for His Majesties Honour the defence and government of the Kingdom may be more certainly provided for The regulating of Courts of Justice and abridging both the delaies and charges of Law-suits The setling of some good courses for preventing the exportation of Gold and Silver and the inequality of exchanges betwixt us and other Nations for the advancing of native Commodities increase of our Manufactures and well-balancing of Trade whereby the stock of the Kingdom may be increased or at least kept from impairing as through neglect hereof it hath done for many years last past for improving the Herring-fishing upon our own Coasts which will be of mighty use in the imployment of the poor and a plentiful Nursery of Mariners for inabling the Kingdom in any great action The Oppositions Obstructions and other Difficulties wherewith we have been encountred and which still lye in our way with some strength and much obstinacy are these The malignant party whom we have formerly described to be the Actors and Promoters of all our Misery they have taken heart again They have been able to prefer some of their own Factors and Agents to degrees of Honour to places of Trust and imployment even during the Parliament They have indeavoured to work in His Majesty ill impressions and opinions of our proceedings as if we had altogether done our own work and not his and had obtained from Him many things very prejudicial to the Crown both in respect of Prerogative and Profit To wipe out this Slander We think good ouly to say thus much That all that we have done is for His Majesty His Greatness Honour and Support When we yielded to give twenty five thousand pounds a month for the relief of the Northern Countries this was given to the King for he was bound to protect His Subjects they were His Majesties evil Counsellors and their ill instruments that were actors in these Grievances which brought in the Scots and if His Majesty please to force those who were the Authors of this War to make satisfaction as He might justly and easily do it seems very reasonable that the people might well be excused from taking upon them this burthen being altogether innocent and free from being any causes of it When we undertook the charge of the Army which cost above 50000 pound a month was not this given to the King was it not His Majesties Army were not all the Commanders under contract with His Majesty at higher rates and greater wages then ordinary And have not we taken upon us to discharge all the brotherly assistance of three hundred thousand pounds which we gave the Scots was it not toward repair of those damages and losses which they received from the Kings Ships and from His Ministers These three particulars amount to above eleven hundred thousand pounds besides His Majesty hath received by Impositions upon Merchandise at least four hundred thousand pounds so that his Majesty hath had out of the Subjects purse since the Parliament began one million and an half and yet these men can be so impudent as to tell His Majesty that we have done nothing for Him As to the second branch of this Slander we acknowledge with much thankfulness that his Majesty hath passed more good Bills to the advantage of the Subjects then have been in many Ages but withall we cannot forget that these venomous counsels did manifest themselves in some endeavours to hinder these good Acts. And for both Houses of Parliament we may with truth and modesty say thus much That we have ever been careful not to desire any thing that should weaken the Crown either in just Profit or useful Power The Triennial Parliament for the matter of it doth not extend to so much as by Law we ought to have required there being two Statutes still in force for a Parliament to be once a year and for the manner of it it is in the Kings power that it shall never take effect if he by a timely summons shall prevent any other way of assembling In the Bill for continuance of this present Parliament there seems to be some restraint of the Royal power in dissolving of Parliaments not to take it out of the Crown but to suspend the execution of it for this time and occasion onely which was so necessary for the Kings own security and the publick Peace that without it we could not have undertaken any of these great charges but must have left both the Armies to disorder and confusion and the whole Kingdom to blood and rapine The Star-chamber was much more fruitful in oppression then in profit the great Fines being for the most part given away and the rest stalled at long times The Fines of the High-Commission were in themselves unjust and seldom or never came into the Kings purse These four Bills are particularly and more specially instanced in the rest there will not be found so much as a shadow of prejudice to the Crown They have sought to diminish our reputation with the people and to bring them out of love with Parliaments the aspersions which they have attempted this way have been such as these That we have spent much time and done little especially in those Grievances which concern Religion That the Parliament is a burthen to the Kingdom by the abundance of Protections which hinder Justice and Trade and by many Subsidies granted much more heavy then any they formerly endured To which there is a ready answer
Bills of the Triennial Parliament for the Continuance of this present Parliament and in the Preamble to the Bill of Tonnage and Poundage the matter of which having begot so many disturbances in late Parliaments We were willing to remove that no Interest of Ours might hereafter break that correspondence abundantly contenting Our self with an Assurance which we still have that We should be repaired and supplyed by a just proportion of Confidence Bounty and Obedience of Our People In the Bills for the taking away the High-Commission and Star-chamber Courts We believed We had given that real satisfaction that all jealousies and apprehensions of arbitrary pressures under the Civil or Ecclesiastical State would easily have been abandoned especially when they saw all possible doubts secured by the visitation of a Triennial Parliament These and others of no mean consideration We had rather should be valued in the hearts and affections of Our People then in any mention of Our own not doubting but as We have taken all these occasions to render their condition most comfortable and happy so they will always in a grateful and dutiful relation be ready with equal tenderness and alacrity to advance Our Rights and preserve Our Honour upon which their own Security and subsistence so much depends And We will beso careful that no particular shall be presented unto Us for the compleating and establishing that Security to which We will not with the same readiness contribute Our best assistance If these Resolutions be the effects of Our present Councils and We take God to witness that they are such and that all Our loving Subjects may confidently expect the benefit of them from Us certainly no ill design upon the Publick can accompany such Resolutions neither will there be great cause of suspicion of any Persons preferred by Us to degrees of Honour and places of Trust and imployment since this Parliament And We must confess that amongst Our misfortunes We reckon it not the least That having not retained in Our Service nor protected any one person against whom Our Parliament hath excepted during the whole sitting of it and having in all that time scarce vouchsafed to any man an instance of Our Grace and Favour but to such who were under some eminent character of Estimation amongst Our People there should so soon be any misunderstanding or jealousie of their Fidelity and uprightness especially in a time when We take all occasions to declare that We conceive Our self only capable of being served by honest men and in honest ways However if in truth We have been mistaken in such Our election the particular shall be no sooner discovered to Us either by Our own observation or other certain information then We will leave them to publick Justice under the marks of Our Displeasure If notwithstanding this any Malignant Party shall take heart and be willing to sacrifice the Peace and Happiness of their Country to their own sinister ends and ambitions under what pretence of Religion and Conscience soever if they shall endeavour to lessen Our Reputation and Interest and to weaken Our lawful Power and Authority with Our good Subjects if they shall go about by discountenancing the present Laws to loosen the Bonds of Government that all Disorder and Confusion may break in upon Us We doubt not but God in his good time will discover them unto Us and the wisdom and courage of Our High Court of Parliament joyn with Us in their suppression and punishment Having now said all that We can to express the clearness and uprightness of Our Intensions to Our People and done all We can to manifest those Intentions We cannot but confidently believe all Our good Subjects will acknowledge Our part to be fully performed both in Deeds past and present Resolutions to do whatsoever with Justice may be required of Us and that their quiet and prosperity depends now wholly upon themselves and is in their own power by yielding all obedience and due reverence to the Law which is the inheritance of every Subject and the only security he can have for his Life Liberty or Estate and the which being neglected or disesteemed under what specious shews soever a great measure of Infelicity if not an irreparable Confusion must without doubt fall upon them And We doubt not it will be the most acceptable Declaration a King can make to His Subjects that for Our part We are resolved not only duely to observe the Laws Our Self but to maintain them against what opposition soever though with the hazard of Our Being And Our hope is that not only the Loyalty and good Affections of all Our loving Subjects will concur with Us in the constant preserving a good understanding between Us and and Our People but at this time their own and Our Interest and compassion of the lamentable condition of Our poor Protestant Subjects in Ireland will invite them to a fair Intelligence and Unity amongst themselves that so We may with one heart intend the relieving and recovering that unhappy Kingdom where those barbarous Rebels practise such inhumane and unheard-of Outrages upon Our miserable people that no Christian ear can hear without horrour nor Story parallel And as We look upon this as the greatest affliction it hath pleased God to lay upon Us so Our unhappiness is increased in that by the Distempers at home so early remedies have not been applyed to those growing evils as the expectation and necessity there requires though for Our part as We did upon the first notice acquaint Our Parliament of Scotland where We then were with that Rebellion requiring their aid and assistance and gave like speedy intimation and recommendation to our Parliament here so since Our return hither We have been forward to all things which have been proposed to Us towards that Work and have lately Our Self offered by a Message to Our House of Peers and communicated to Our House of Commons to take upon Us the care to raise speedily ten thousand English Voluntiers for that Service if the House of Commons shall declare that they will pay them Which particulars We are in a manner necessitated to publish since We are informed that the Malice of some persons hath whispered it abroad That the no speedier advancing of this business hath proceeded from some want of alacrity in Us to this great Work whereas we acknowledge it a high crime against Almighty God and inexcusable to Our good Subjects of Our three Kingdoms if We did not to the utmost imploy all Our powers and faculties to the speediest and most effectual assistance and protection of that distressed People And we shall now conjure all Our good Subjects of what degree soever by all the Bonds of Love Duty or Obedience that are precious to good men to joyn with Us for the recovery of the Peace of that Kingdom and the preservation of the Peace of this to remove all their Doubts and Fears which may interrupt their Affection to Us
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
have of late been perswaded by the new doctrines of some few to think that proper for your debates which hath not used to be at all debated within those walls but been trusted wholly with Our Predecessors and Us and to transact those things which without the Regal Authority since there were Kings of this Kingdom were never transacted It therefore concerns us the more that you speak out and that both We and Our People may either know the bottom of your Demands or know them to be bottomless What concerns more the Publick and is more indeed proper for the high Court of Parliament then the making of Laws which not only ought there to be transacted but can be transacted no where else but then you must admit Us to be a part of the Parliament you must not as the sense is of this part of this Demand if it have any deny the freedom of Our Answer when We have as much right to reject what We think unreasonable as you have to propose what you think convenient or necessary nor is it possible Our Answers either to Bills or any other Propositions should be wholly free if We may not use the Liberty of every one of you and of every Subject and receive advice without their danger who shall give it from any person known or unknown sworn or unsworn in these matters in which the manage of Our Vote is trusted by the Law to Our own judgment and Conscience which how best to inform is and ever shall be left likewise to Us and most unreasonable it were that two Estates proposing something to the third that third should be bound to take no advice whether it were fit to pass but from those two that did propose it We shall ever in these things which are trusted wholly to Us by the Law not decline to hearken to the Advice of Our great Council and shall use to hear willingly the free debates of Our Privy Council whensoever We may be suffered to have them for sending for and they shall not be terrified from that freedom by Votes and Brands of Malignants and Enemies to the State for advising what no Law forbids to advise but We will retain Our power of admitting no more to any Counsel then the nature of the business requires and of discoursing with whom We please of what We please and informing Our Understanding by debate with any Persons who may be well able to inform and advise Us in some particular though their Qualities Education or other Abilities may not make them so fit to be of Our sworn Council and not tye Our Self up not to hear any more then twenty five and those not chosen absolutely by Us out of a Kingdom so replenished with Judicious and experienced Persons in several kinds And though We shall with the proportionable Consideration due to them always weigh the Advices both of Our Great and Privy Council yet We shall also look upon their Advices as Advices not as Commands or Impositions upon them as Our Counsellours not as Our Tutors and Guardians and upon Our self as their King not as their Pupil or Ward For whatsoever of Regality were by the Modesty of interpretation left in Us in the first part of the Second Demand as to the Parliament is taken from Us in the second part of the same and placed in this new-fangled kind of Counsellours whose power is such and so expressed by it that in all publick Acts concerning the Affairs of this Kingdom which are proper for Our Privy Council for whose Advice all publick Acts are sometimes proper though never necessary they are desired to be admitted joynt-Patentees with Us in the Regality and it is not plainly expressed whether they mean Us so much as a single Vote in these Affairs but it is plain they mean Us no more at most then a single Vote in them and no more power then every one of the rest of Our Fellow Counsellours only leave to Us out of their respect and duty and that only is left of all Our ancient Power a Choice whether these that are thus to be joyned with or rather set over Us shall be fifteen or twenty five and great care is taken that the Oath which these men shall take shall be such in the framing the form of which though sure We are not wholy unconcerned in it We may be wholy excluded and that wholy reserved to be agreed upon by both Houses of Parliament And to shew that no more care is taken of Our Safety then of Our Power after so great Indignities offered to Us and countenanced by those who were most obliged to resent them after Our Town and Fort kept from Us from which if it were no otherwise Ours then the whole Kingdom is We can no more legally be kept out then out of Our whole Kingdom which sure your selves will not deny to be Treason Our Arms Our Goods sent away and our Money stopt from Us Our Guards in which We have no other Intention then to hinder the End of these things from being proportionable to their Beginnings are not only desired to be dismissed before satisfaction for the Injury punishments of the Injurers and care taken for Our future Security from the like but it is likewise desired and for this Law is pretended and might as well have been for the rest which yet with some ingenuity are it seems acknowledged to be but Desires of Grace that We shall not for the future raise any Guards or extraordinary Forces but in case of actual Rebellion or Invasion which if it had been Law and so observed in the time of Our famous Predecessours few of those Victories which have made this Nation famous in other Parts could have been legally atchieved nor could Our blessed Predecessour Queen Elizabeth have so defended Her self in 88. And if no forces must be levied till Rebellions and Invasions which will not stay for the calling of Parliaments and their consent for raising Forces be actual they must undoubtedly at least most probably be effectual and prevalent And as neither care is taken for Our Rights Honour nor Safety as a Prince so Our Rights as a Private person are endeavoured to be had from Us it being asked that it may be unlawful and punishable not only to conclude but even to treat of any Marriage with any Person for Our own Children or to place Governours about them without consent of Parliament and in the intermission of those without the consent of Our good Lords of the Council that We may not only be in a more despicable state then any of Our Predecessours but in a meaner and viler condition then the lowest of Our Subjects who value no Liberty they have more then that of the free Education and Marriage of their Children from which We are asked to debar Our Self and have the more reason to take it ill that We are so because for Our choice of a Governour for Our Son and of a
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
from which We could never have been secured by declaring That no Member of either House upon any Accusation of Treason could have his Person seized without the Consent of that House of which he is a Member though the known Law be That Privilege of Parliament extends not to Treason and if it did any Member the House being for a short time adjourned and so their Consent not being so had how treasonable soever his Intentions were how clearly soever known and how suddenly soever to be executed must have fair leave given him to go on and pursue them no way how Legal soever after the passing such a Clause being left to prevent it To conclude We conjure you and all men to rest satisfied with the Truth of Our Professions and the Reality of Our Intentions not to ask such things as deny themselves that you declare against Tumults and punish the Authors that you allow Us Our Propriety in Our Towns Arms and Goods and Our share in the Legislative Power which would be counted in Us not only breach of Privilege but Tyranny and Subversion of Parliaments to deny to you And when you shall have given Us satisfaction upon those Persons who have taken away the one and recalled those Declarations particularly that of the 26. of May and those in the point of the Militia Our just Rights wherein We will no more part with then with Our Crown lest We enable others by them to take that from Us which would take away the other and declined the beginnings of a War against Us under pretence of Our Intention of making one against you as We have never opposed the first part of the Thirteenth Demand so We shall be ready to concurre with you in the latter And being then confident that the Credit of those men who desire a general Combustion will be so weakned with you that they will not be able to do this Kingdom any more harm We shall be willing to grant Our general Pardon with such Exceptions as shall be thought fit and shall receive much more joy in the hope of a full and constant Happiness of Our People in the True Religion and under the Protection of the Law by a blessed Union between Us and Our Parliament so much desired by Us then in any such increase of Our own Revenue how much soever beyond former Grants as when Our Subjects were wealthiest Our Parliament could have settled upon Us. His MAJESTIES Declaration made the 13 of June 1642. to the Lords attending his Majesty at York and to others of His Majesties Privy Council there Together with their Promise thereupon subscribed by them Charles R. WE do declare That We will not require nor exact any Obedience from you but what shall be warranted by the known Law of the Land as We do expect that you shall not yield to any Commands not legally grounded or imposed by any other And We do further declare That We will defend every one of you and all such as shall refuse any such Commands whether they proceed from Votes and Orders of both Houses or any other way from all dangers and hazards whatsoever And We do further declare That We will defend the true Protestant Religion established by the Law of the Land the lawful Liberties of the Subjects of England and just Privileges of all the three Estates of Parliament and shall require no further Obedience from you then as accordingly We shall perform the same And We do declare That we will not as is falsly pretended engage you or any of you in any War against the Parliament except it be for Our necessary defence and safety against such as do insolently invade or attempt against Us or such as shall adhere to Us. York 13. Junii 1642. The Promise of the said Lords and others WE do engage our selves not to obey any Orders or Commands whatsoever not warranted by the known Laws of the Land We do engage our selves to defend Your MAJESTIES Person Crown and Dignity together with Your Majesties Just and Legal Prerogative against all persons and power whatsoever We will defend the true Protestant Religion established by the Law of the Land the lawful Liberties of the Subject of England and just Priviledges of Your Majesty and both Your Houses of Parliament And lastly we engage our selves not to obey any Rule Order or Ordinance whatsoever concerning any Militia that hath not the Royal Assent York 13. Junii 1642. Subscribed by Lord Keeper L. D. of Richmond L. Marquess Hartford E. of Lindsey E. of Cumberland E. of Huntington E. of Bath E. of Southampton E. of Dorset E. of Salisbury E. of Northampton E. of Devonshire E. of Cambridge E. of Bristol E. of Westmorland E. of Berkshire E. of Monmouth E. of Rivers E. of Newcastle E. of Dover E. of Carnarvon E. of Newport L. Mowbray and Maltravers L. Willoughby of Eresby L. Rich. L. Ch. Howard of Charleton L. Newark L. Paget L. Chandos L. Falconbridge L. Paulet L. Lovelace L. Savile L. Coventry L. Mohun L. Dunsmore L. Seymour L. Grey of Ruthen L. Capell L. Falkland Mr. Comptroller Mr. Secretary Nicholas Mr. Chancellor of the Exchequer L. Chief Justice Banks His MAJESTY's Declaration to all His loving Subjects occasioned by a false and scandalous Imputation laid upon His Majesty of an intention of Raising or Levying War against His Parliament and of having raised Force to that end Published at His Court at York the 16 day of June THough We have these last seven months met with so many several Encounters of strange and unusual Declarations under the names of both Our Houses of Parliament that we should not be amazed at any new Prodigy of that kind and though their last of the six and twentieth of May gave Us a fair warning that the Contrivers of it having spent all their stock of bitter and reproachful Language upon Us We were to expect they should now break out into some bold and disloyal Actions against Us and having by that Declaration as far as in them lies divested Us of that Preeminence and Authority which God the Law the Custom and Consent of this Nation had placed in Us and assumed it to themselves that they should likewise with expedition put forth the fruits of that supreme Power for the violating and suppressing that Power they despised an effect of which Resolution of their wild Declaration against Our Proclamation concerning the pretended Ordinance for the Militia and the punishing of the Proclaimers appears to be yet We must confess in their last Attempt We speak of the last We know they may probably since or at this present have outdone that too they have outdone what We conceive was their present intention and whosoever hears of Propositions and Orders for bringing in of Money or Plate to maintain Horse Horsemen and Arms for the preservation of the publick Peace or for the Defence of the King and both Houses of Parliament such is their Declaration or what else
them and to forbid Our own Money to be paid to Us or to Our use under colour that We will imploy it ill to beat Us and starve Us for Our own good and by Our own Power and Authority which must in short time make the greatest Court and the greatest Person cheap and of no estimation Who those sensible men are of the publick Calamities of the Violations of the Privileges of Parliament and the Common Liberty of the Subject who have been baffled and injured by Malignant men and Cavaliers about Us We cannot imagine And if those Cavaliers are so much without the fear of God and Man and so ready to commit all manner of Outrage and Violence as is pretended Our Government ought to be the more esteemed which hath kept them from doing so insomuch as We believe no Person hath cause to complain of any injury or of any damage in the least degree by any man about or who hath offered his service to Us. All which being duly considered if the Contrivers of these Propositions and Orders had been truly sensible of the Obligation which lies upon them in Honour Conscience and Duty according to the high Trust reposed in them by Us and Our People they would not have published such a sense and apprehension of imminent Danger when themselves in their Consciences know that the greatest and indeed only Danger which threatens this Church and State the blessed Religion and Liberty of Our People is in their own desperate and seditious Designs and would not endeavour upon such weak and groundless Reasons to seduce Our good Subjects from their Affection and Loyalty to Us to run themselves into Actions unwarrantable and destructive to the Peace and Foundation of the Commonwealth And that all Our loving Subjects may see how causless and groundless this scandalous Rumour and Imputation of Our raising War upon Our Parliament is We have with this Our Declaration caused to be printed the Testimony of those Lords and other Persons of Our Counsel who are here with Us who being upon the place could not but discover such Our Intentions and Preparations and cannot be suspected for their Honours and their Interests to combine in such mischievous and horrid Resolutions And therefore We streightly charge and command all Our loving Subjects upon their Allegiance and as they will answer the contrary at their peril That they yield no Obedience or Consent to the said Propositions and Orders and that they presume not under any such Pretences or by colour of any such Orders to Raise or Levy any Horse or Men or to bring in any Money or Plate to such purpose But if notwithstanding this clear Declaration and Evidence of Our Intentions these men whose Design is to compell Us to raise War upon Our Parliament which all their Skill and Malice shall never be able to effect shall think fit by these Alarms to awaken Us to a more necessary care of the defence of Our Self and Our People and shall themselves under colour of Defence in so unheard-of a manner provide and seduce others to do so too to offend Us having given Us so lively testimony of their Affections what they are willing to do when they have once made themselves able all Our good Subjects will think it necessary to look to Our Self and We do then excite all Our well-Affected people according to their Oaths of Allegiance and Supremacy and according to their solemn Vow and Protestation whereby they are obliged to defend Our Person Honour and Estate to contribute their best Assistance to the Preparations necessary for the opposing and suppressing of the Traitorous Attempts of such wicked and Malignant persons who would destroy Our Person Honour and Estate and ingage the whole Kingdom in a Civil War to satisfie their own lawless Fury and Ambition and so rob Our good Subjects of the blessed fruit of this present Parliament which they already in some degree have and might still reap to the abundant satisfaction and joy of the whole Kingdom if such wicked hands were not ready to ruine all their possession and frustrate all their hopes We do therefore declare That whosoever of what degree or quality soever shall then upon so urgent and visible necessity of Ours and such an apparent Distraction of the Kingdom caused and begotten by the Malice and Contrivance of this Malignant Party bring in to Us and to Our use ready Money or Plate or shall underwrite to furnish any number of Horse Horsemen and Arms for the preservation of the publick Peace the defence of Our Person and the vindication of the Privilege and Freedom of Parliament We shall receive it as a most acceptable Service and as a testimony of his singular Affection to the Protestant Religion the Laws Liberties and Peace of the Kingdom and shall no longer desire the continuance of that Affection than We shall be ready to justifie and maintain those with the hazard of Our Life And We do farther declare That whosoever shall then bring in any sums of Money or Plate to assist Us in this great Extremity shall receive consideration after the rate of eight pounds per cent for all such Moneys as he shall furnish Us withall and shall upon the payment of such Money to such persons whom We shall appoint to receive the same receive Security for the same by good lawful Assurance of such of Our Lands Forests Parks and Houses as shall be sufficient for the same and more real Security than the name of Publick Faith given without Us and against Us as if We were no part of the Publick and besides We shall always look upon it as a service most affectionately and seasonably performed for the preservation of Us and the Kingdom But We shall be much gladder that their submission to those Our Commands and their desisting from any such attempts of raising Horse or Men may ease all Our good subjects of that trouble charge and vexation His MAJESTY's Declaration and Profession disavowing any Preparations or Intentions in Him to Levy War against His Houses of Parliament By the KING THere having been many Rumours 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 abhorr all such Designs and desire all Our Nobility and Council 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 Privileges of Parliament the Liberty of the Subject the Law Peace and Prosperity of this Kingdom Given at
Parliament as to prevail with the major part remaining of both Houses how much soever that major part be the smaller in comparison of the whole to suffer that name whose Reverence by all means We desire to preserve to be so soyl'd as to be prefixed to a Paper of this unsufferable nature that tends not only to the Destruction of Our Person but to the Dissolution of this Government and of all Society If at least this Declaration which We rather see cause to hope it hath not have so much as been seen in the Houses and be not the single work of the same Omnipotent Committee to which is devolved the whole power of the Parliament and which as We understand is trusted without acquainting the Houses to break up any Man's House and take away the Arms and Mony intended to defend and feed him if they shall see cause to suspect that he meant to assist his Sovereign with them and may well be as fully and implicitly trusted to Declare as to Act whatsoever they please And though We doubt not but to their utmost they will continue that injury to Us and that violation of the Subjects Liberty and of publick Right to vex and imprison those who shall publish any of Our Answers to their Declarations and indeed whilst they affirm against all Truth and command against all Law it concerns them to take care that nothing be heard but what they say yet Our comfort is that Our Intentions and the Duty of Our Subjects are so well and so generally known to Our People that We cannot fear from whomsoever it come and though no Answer came out with it that either what is there said should be believed or what is there commanded should be obeyed Who knows not that Our Commissions for Horse and Foot were not granted out till not only our Prerogative but Our Propriety Our Goods Arms Towns Militia and Negative Voice were taken from Us and all the Kingdom commanded to be in Arms and invited to bring in Horse Plate and Mony to frame an Army against Our Command and Proclamation and till Horse were raised and mustered accordingly and then with no intention nor hath any Action in any of Our Ministers given the least suspicion of such an Intention by them to compel Our Subjects to submit to Our Commissions of Array or make use of them against the Parliament but to regain Hull held out in Rebellion against Us and to suppress all such as without Our Authority and against Our Commands should raise Forces in this Our Kingdom and levy War against Us under pretence of any Order or Ordinance of one or both Houses And such traitorous Assemblies and Marches have been the only lawful and necessary Occasions of our good Subjects which have not been so much as interrupted by any Troops of Ours And what is affirmed of the spoiling and killing them as they were so travelling under our Protection and according to Law is a most malicious Affirmation as well without truth as without instance invented at once to make Our Troops terrible and Us odious to Our People What care have We taken that by this means the power of the Sword should not come into the hands of Papists who have by Our Proclamation strictly charged that no Papist should presume to list himself either as Officer or Soldier in this Our Army having directed how he should be discovered if he did presume and suffer if he were discovered What care have We taken to avoid Combustion and Civil War offering to lay down Our Arms when they shall have lay'd down their in whom it was Treason to take them up and restored Us those things which could not without Treason as well as Injustice be forced away and kept from Us Our Arms Ships Town c. And when We might meet both Our Houses in a safe and secure place to debate freely of all the Differences in a Parliamentary way And by whose Influences these Propositions were rejected and whether the Proposer or Rejecters were most careful to avoid this Ruine and Desolation of the Kingdom We leave all the World to judge and whether they who divert the Men and Mony collected for the relief of Distressed Ireland to raise Forces against their Prince who asks them nothing but what is Legal nor will deny them any thing that is do not joyn with the Popish and Jesuitical Faction in the bloody Massacre of many Thousand Protestants in that miserable Kingdom We propose likewise to every Man's judgment whether the declaring those to be Traitors who execute Our Commission of Array issued in so many Kings Reigns agreed upon by Parliament and there yielded to by the King to be settled as now it is as a matter of great grace and since that time which was in the 5 Hen. IV. in no Parliament complained of whilst Our good Subjects are vexed and imprisoned not only for resisting but for humbly petitioning so as may seem but to insinuate something against their most illegal Commands concerning the Militia To which power of commanding no Title can be made by any Statute or any Precedent nor can We ever find by search nor obtain to be told what those Fundamental Laws are by which it is pretended so deep those Foundations are laid beyond all means of discovery and the declaring that those who raise Men by virtue of Our Command and Commission the only Legal way traitorously and rebelliously levy War against the King and ordaining it to be lawful for all Our Subjects by force of Arms to resist them and their Accomplices and the raising of Forces by Authority of Parliament that is by the remaining part of both Houses never in the most outragious times before attempted and commanding several persons whom they call Lieutenants to lead and giving them power to transport from one County to another the Forces of several of Our Counties against them and to kill and slay all such as by force shall oppose them Our Self not excepted commanding all Our Officers and Subjects to be assisting to them and undertaking to secure them for so doing by the Power and Authority of Parliament which is first to allow and next to command and then to pardon Treason be not to have already subverted as much as in them lies the Liberty of the Subject the Law of the Land and altered the Ancient Government of the Kingdom leaving Our Subjects without all Rule to walk by when the most clear Laws cannot direct and secure them and they see all those Ancient bounds passed over which were ever as much known to be the Duty of both Houses to observe as it was evident that there were and that it was necessary that there should be Two Houses of Parliament and at once behold the Law which is to defend and protect the Subject and Us Who are to protect and defend the Law need Defence and Protection We doubt not therefore but all Our good Subjects will come in
that no alteration could produce that Happiness they imagined and if their natures were capable of such Trusts to take some of the chief of them so near Us that they might be witnesses of Our Actions and privy to Our Counsels that either Ingenuity or Gratitude might recover them from their desperate Inclinations Hereupon because most of the Grievances of Our People were conceived to proceed from the great liberty of Our Council-board or from some Orders and Directions from them We admitted to Our Privy Council seven or eight of those Lords who were eminently in esteem with Our People for their reputation of Honour and Justice some of whom We knew to be most passionately dis-inclined to the present managery of Civil affairs and to the Government of the Church and hoped that by a free communication of their Doubts Opinions and Counsels they would have received that satisfaction that they would have been excellent Instruments of a blessed Reformation and Confirmation in Church and State Having begun with this foundation of Confidence in Our Court by electing such Persons We made the same hast to apply particular Remedies to the visible known Diseases resolving those Remedies should be proportioned to the Counsel and Desires of both Houses which We thought the surest way to win at least a major part to the confession and acknowledgment of Our Justice and Affection The Star-Chamber had in the excess of Jurisdiction or tediousness and charge of Proceedings or measure and severity of Punishment invaded the Laws of the Land and Liberty of the Subject by the exercise of an Arbitrary Power We pressed not the Reformation of this Court though erected or setled by Act of Parliament in a wise time but at the instance of both Houses consented to the Abolition of it The High Commission Court had proceded with too much strictness in many cases where the Tender Consciences of many of Our weak Subjects were concerned and had so far out-grown the power of the Law that it would not be limited and guided by it but censured fined and imprisoned Our People for matters unpunishable by the Law We pressed not the Review of that Statute by which that Court was erected that such power might be qualified and provisions altered as had been grievous to the Subject nor desired that any other care might be taken for the upholding the Ecclesiastical Discipline than what the wisdom and piety of both Houses should think necessary but in compliance to the sufferings of Our People and the desires of both Houses consented to the Repeal of that branch of that Statute The Writs for Ship-mony whereby several summs of mony had been received from Our good Subjects for defence and safeguard of the Kingdom had lain heavy upon Our People yet were judged to be Legal Both Our Houses of Parliament declared that the grounds and reasons of that Judgment being That when the good and safety of the Kingdom in general is concerned and that the whole Kingdom is in Danger We might compel our Subjects to provide Ships Men and Victuals for the defence and safeguard of the Kingdom and that We were the sole Judge of that Danger and how the same might be prevented were contrary to and against the Laws and Statutes of this Realm the Property and Liberty of the Subject and to the Petition of Right without disputing our Right We were contented that all the proceedings in that business should be adjudged void and disannulled and the Judgments Enrolments and Entries thereupon should be vacated and cancelled in such manner as was desired Under colour of executing the Forrest-Laws and of keeping the Justice in Eyres Seat very many Persons had been grieved and vexed by Presentments Fines Judgments and Imprisonments the Meets Limits and Bounds of Forrests extended and some endeavours been made to set on foot Forrests where in truth none had been We no sooner received complaint of this but We passed an Act for the certainty of the Meets Limits and Bounds of all the Forrests in England with such further Provisions for the ease of Our Subjects as were desired at Our hands If by the negligence or wilfulness of persons trusted by Us any Grievance or inconvenience had been contracted in any part of Our Kingdom which seemed not to have so general an influence upon the whole upon the first clear Information We did Our part for the easing of them and therefore We passed for the benefit of Our good Subjects of Devon and Cornwall an Act against divers Incroachments and Oppressions in the Stannary-Courts And We were so confident this way to win the Hearts and Affections of all Our good Subjects and that both Our Houses of Parliament would at last find a time to give too that We made their Asking the only Rule to Our Grants and parted with any thing they desired Us to relinquish So in the Preamble to the Bill of Tonnage and Poundage We parted with Our Title of Imposing a Power adjudged good and exercised by Our Ancestors and though disputed never resolved against by Judgment in Parliament So in the Act for regulating the Office of Clark of the Marker because the undue execution thereof had been grievous to many of Our loving Subjects We consented that no Clark of the Market of Our House shall hereafter execute His Office in any part of Our Kingdom but only within the verge of Our Court and granted the Execution of that Office to the Mayors and Bayliffs of Towns Corporate and to the Lords of Liberties and Franchises and to their Deputies So because about the beginning of Our Reign several Writs had issued out of Our Court of Chancery in the business of Knighthood and been transmitted with their Returns into Our Court of Exchequer where the proceedings were not fit and warrantable We were contented by the Act for the prevention of vexatious proceedings touching the Order of Knighthood absolutely to part with and discharge a Right and Duty as unquestionably due to Us by the Law as any Service We can challenge So which is the highest instance of Trust that ever King gave His Subjects upon Information that Credit could not be obtained for so much Mony as was requisite for the relief of Our Army and People in the Northern parts for preventing the imminent Danger the Kingdom was in and for supply of Our present and urgent Occasions for fear the Parliament might be dissolved before Justice should be done upon Delinquents publick Grievances be redressed a firm Peace between the two Nations of England and Scotland concluded and before provision should be made for the repayment of such Monies as should be so raised though We knew what power We parted from and trusted Our Houses with by so doing and what might be the Consequence of such a Trust if unfaithfully managed We neglected all such suspicions which all Men now see deserved not to be slighted and We willingly and immediately passed that Act for the continuance of this
Parishes first by special Letters and earnest Sollicitations from the prime Leaders of this turbulent Faction after by Orders requiring such Ministers as would not accept their Recommendations to attend and shew cause All licence was given to those leud Seditious Pamphlets which despised the Government both of the Church and State which laid any Imputations and Scorns upon Our Person or Office and which filled the ears of all Our good Subjects with Lyes and monstrous Discourses to make them believe all the ill of the Government and Governors of Church and State Books against the Book of Common-Prayer and the established Laws of the Land suffered without reprehension to be dedicated to both Houses of Parliament whatsoever the Rancour and Venome of any Infamous person could digest published without control and nothing discountenanced and reproached but a dutiful regard of Us and Our Honour and a sober esteem and application to the Laws of the Kingdom This was the condition We found at our return from Scotland besides a strange groundless apprehension of Danger infused generally into the minds of Our good Subjects as if some notable Design were in hand against the Parliament against the City of London against the whole Kingdom of England There fell out an Accident whilest We were in Scotland concerning the Marquesses of Hamilton and Argile Those two Lords upon some information given to them that their Persons were in danger upon a sudden withdrew themselves from the Parliament in Scotland and for some few days removed out of Edenburgh Whatever they had been informed and what ever they suspected the Grounds of both were very fully examined by the Parliament there their Persons being of that quality and estimation in that Kingdom that they were sure of Justice Upon the whole themselves and the Parliament were satisfied that the Information first given to them could not be made good to the proof of any Design to the Danger of these Lords and the Examinations of the whole matter sent by Our direction to Our Parliament here How if all had been true that was imagined this business could so highly and nearly concern the Peace of this Kingdom and the present Safety of both Our Houses of Parliament We cannot imagine Yet upon the first report of it here which was the day before the first Meeting after the Recess without staying to hear the opinion of Our Parliament there who used all diligence in the examination or of Our Parliament here such strange Glosses and Interpretations were made upon that accident not without reflection upon Us and Our Honour as if at the same time there had been such a Design to have been executed here as they had fancied to themselves that to be and a sudden resolution was taken first by the Committee during the Recess after by the Houses to have a Guard for the defence of London Westminster and both Our Houses of Parliament which must needs make a great impression in the minds of Our good Subjects in a time when they were newly freed from the fears of two Armies to be awaked with the apprehension of Dangers of which seeing no ground they were to expect no end Matters being thus stated and all possible skill being used by that Faction and by their Emissaries of the Clergy who at the same time such Clamour was raised of the unlawfulness that the Clergy should meddle in Temporal Affairs were their chief Agents to derive their Seditious directions to the People and were all the week attending the doors of both Houses to be imployed in those errands to infuse the most desperate Fears into the minds of all Men that could be imagined To be sure that the memory of former bitterness might not depart they provide for Our Entertainment against We should come to London to present Us with a Remonstrance as they called it of the State of the Kingdom laying before Us and publishing to all the world all the mistakes and all the misfortunes which had happened from Our first coming to the Crown and before to that hour forgetting the blessed condition notwithstanding the unhappy mixture all Our Subjects had enjoyed in the benefit of Peace and Plenty under Us to the envy of Christendom objecting to Us the Actions of some and the thoughts of others and reproaching Us with matters which indeed never entred into Our thoughts nor to Our knowledge into the thoughts of any other reviling Us to the People and complaining to Us of the House of Peers whose Authority Interest and Privilege was then as much slighted and despised as Ours is since and easily passing over those singular Acts of Our Grace passed by Us this Parliament or ascribing them to their own wisdom in the procurement they concluded against a Malignant Party and that they had no hope of settling the Distractions of the Kingdom for want of concurrence with the House of Peers and that concurrence was desperate by reason of the Prevalency of the Bishops and of the Recusant Lords into which number all those Lords were cast who presumed to dissent from any Propositions made by the House of Commons When this Engine was prepared for the People by the prime Leaders of that desperate Faction it was presented to the House of Commons and the greatest industry and skill used that is imaginable by private Sollicitations Threats and Promises to procure consent that it might be passed by that House and after a long debate longer than ever was known in Parliament till three of the clock in the morning from ten the day before when very many through weariness and weakness were forced to leave the House so that it looked as was well said like the Verdict of the Starved Jury they carryed it by eleven Voices And shortly within very few days after Our return when We had been received with all possible expressions of Joy by Our City of London which was publickly murmured against and the chief advancers of that Duty and Affection discountenanced as if they envied Us the Loyalty of Our People and when it was publickly said in Our House of Commons upon some dispute of a pretended breach of the Orders of the House That their Discipline ought to be severe for the Enemy was in view that Remonstrance was presented to Us at Our Court at Hampton-Court by some Members of the House of Commons with a Petition contracting the sharp Language in the Remonstrance into less room amongst other things That We would concurr with Our People for depriving the Bishops of their Votes in Parliament for which there was no Bill passed both Houses and to employ such Persons about Us as Our Parliament might confide in We received this strange Petition and stranger Remonstrance graciously from the hands of the Presenters promised them an Answer and in the mean time desired that the Remonstrance might not be published to the People the thing it self and the printing any thing of the like nature being never heard of by the
satisfie their own private Ends and Ambition for themselves know what overtures have been made by them and with what importunity for Offices and Preferments what great Services should have been done for Us and what other undertakings were even to have saved the Life of the Earl of Strafford if We would confer such Offices upon them We were sure We could make such particular proofs against them of a solemn Combination entred into by them for altering the Government of the Church and State of their designing Offices to themselves and other Men of their solliciting and drawing down the Tumults to Westminster and of their bidding the People in the height of their rage and fury to go to White-Hall of their scornful and odious mention of Our Person and their design of getting Our Son the Prince into their hands of their treating with Foreign Power to assist them if they should fail in their enterprises Yet we saw too that their Interest and reputation was so great with many of both Houses of Parliament their Power so absolute with a multitude of Brownists Anabaptists and other Sectaries about London who were ready to appear in a body at their command that it would be a hard matter to proceed against them In this streight We resolved to do Our part in both to give Our People a clear satisfaction of Our upright Intentions to the publick whereby they should find their Happiness did not at all depend on such Instruments and to proceed against the Persons of the other in a legal way that all the world might see what Ambition Malice and Sedition had been had under the Vizour of Conscience and Religion Hereupon We prepared an Answer to the Remonstrance the House of Commons had before published to the People of the State of the Kingdom wherein without taking notice of the uncomely Language in and the Circumstances of that Remonstrance We declared with as gracious and full Expressions as We could make Our earnest Resolutions for the maintenance of the true Protestant Religion the Liberty and Property of the Subject and the Law of the Land and made no less gracious offers to consent to any Act that should be offered for the ease of tender Consciences in matters indifferent and very earnestly desired that the same might be provided and whatever else should be thought necessary for the Peace and Security of Our People And then that We might likewise manifest the Actions of that Malignant Party which had done so much mischief and intended so much more We resolved to accuse the Lord Kimbolton Master Hollis Master Pym Master Hampden and Master Stroud who had so maliciously contrived the Ruine of Our Self and the established Government of this Church and Kingdom and Sir Arthur Hesilrigge who had been made their Instrument to obey and execute their bold and wild designs of High Treason as We had great reason to do hoping that their Duty due to Us and the Obligations We had put upon Our People this Parliament would never suffer the Interest and reputation of these Men to be laid in the scale and to over-weigh Our Regal Authority and the Law of the Land but that We should have found a way open to a fair and Legal Trial of them which was all We desired How our proceeding was in that business and Our managery of it We have truly and at large set forth in Our Answer to the Declaration of both Houses of the nineteenth of May That what We did first in acquainting the House of Commons with Our Accusation by Our Serjeant at Arms was in Correspondence and out of regard to that House that We might rather have them delivered to the hands of Justice by them than apprehend them by an ordinary Minister of Justice which We were and are assured whatever Doctrine is preached to the contrary We might well have done in the case of Treason otherwise that Maxime in the Law acknowledged in a Petition of both Houses to Us in the beginning of Our Reign in the Case of the Earl of Arundel That in case of Treason Felony and breach of Peace Priviledge of Parliament doth not extend is of no signification The words are They find it an undoubted Right and constant Priviledge of Parliament That no Member of Parliament sitting the Parliament or within the usual times of Priviledge of Parliament is to be imprisoned or restrained without Sentence or Order of the House unless it be for Treason Felony or for refusing to give Sureties for the Peace In those Cases 't was then thought a Member of either House was not to be distinguished from another Subject and why We might not as well have expected that upon Our Articles not so general as a meer verbal Accusation of High Treason either House would have committed their several Members as they had done so many this Parliament and about that time Twelve together upon a confessed ground which every Man there who knew what Treason was knew that fact to be none meerly because they were accused and as the House of Peers had formerly done a Member of that House the Earl of Bristol accused in the same manner most of the good Lords being then Judges We neither could then nor can yet understand That Our own coming to the House was to prevent that shedding of blood which in all possibility was likely to follow that Order made the night before for resisting all such Officers who endeavoured upon how legal Warrant soever to arrest any Members of either House an Order much more unjustifiable by any Rule of Law and Justice by which Orders or Acts are to be examined than any thing We have done or any body by Our Authority That Our purpose was no other but to acquaint that House with the matter of Our Accusation to desire their Persons might be secured and without any thought of the least violation of their Priviledges This is that which We did Examine now their part and their progress since and then judge whose Priviledges have been invaded and with how good a mind to the Common-wealth they have proceeded We were no sooner gone but the House adjourned it self with some unusual expressions of offence and We were speedily informed that some Reports and Scandals were raised against Us in Our City of London That We had offered Violence to Our House of Commons come thither with force to murther several Members and used threatning Speeches there against Our Parliament and that this was but a Preface to an attempt We meant to make against and upon the City Whereupon We resolved the next day to go to the Guild-Hall and to shew the great Confidence We had in the affections of Our said City which We expected should have begot a proportionable Confidence from them in Us We went attended with very few of Our own Servants and then in the presence of the Lord Mayor the Aldermen and a very great assembly of the chief Citizens and others We made
had broke any Priviledge or that the casual breaking of Priviledge could have produced such prodigious Distempers But We were no sooner advertised where Our mistaking was but without recrimination or complaining of the Injuries against Our Self We sent to both Houses on the twelfth and fourteenth of January by Message That in Our proceeding against those Persons We had not the least Intention of violating their Priviledges which We would be willing to assert by any reasonable way We should be advised That We would wave Our former proceedings againsts them and when the minds of Men should be composed would proceed in an unquestionable way in the mean time desired all jealousies might be laid aside and application be made to the publick and pressing Affairs especially to those of Ireland which cried for the utmost of Our Assistance But it concerned those Persons by no means to suffer such a Composition if these Fears and Jealousies were not kept up and inflamed in the People and the Distractions heightned they knew they should not only be disappointed of the Places Offices Honours and Employments they had promised themselves but be exposed to the Justice of the Law and just Hatred of all good Men. Therefore the business of both Kingdoms was not considerable to the Interests of the Six Members who would be thought the Pillars both of Church and State They had now found a danger nearer hand than Ireland and an Army raised by Us in one night at Kingston upon Thames and upon some extravagant Information pretended to be given to a Committee though some of their pretended Witnesses publickly in the House disavowed any such Testimony they procured an Order to be framed and though before the publishing of it they had full and clear evidence to the contrary by Persons come immediately from the place and testifying it to be most quiet and peaceable they yet had power to procure that Order to be published on the thirteenth of January the next day after they had received so gracious a Message from Us declaring that the Lord Digby and Colonel Lunsford the former of which was in the Town only with a Coach and six Horses the other only attended by his Servant and hath been since earnestly pressed by the Serjeant of the House of Commons in whose custody he was to accuse the Lord Digby with promises that thereby himself should be discharged had gathered Troops of Horse and appeared in a warlike manner at Kingston upon Thames being within a Mile of Our Court to the terror and affrightment of Our good Subjects and to the disturbance of the publick weal of the Kingdom and therefore it was ordered That the Sheriff and Justices of the Peace should with the Assistance of the Train-Bands suppress such Assemblies c. And this way they found out to draw that County to affront Us and sent multitudes of mean people under pretence of petitioning Us to shew Us how unsecure Our Residence was like to be there too and so in a short time compelled Us Our Royal Consort and Our Children to remove to Our Castle at Windsor They proceed then by a Close Committee a thing scarce heard of till this Parliament and of dangerous consequence to the fame and reputation of all Men to examine such mean unknown persons as they had by Threats and Promises solicited to that purpose concerning the circumstances of Our coming to the House exhibiting bold and malicious Interrogatories and Questions concerning Our Self and upon such wild Informations of desperate persons contrary to the known truth and concealing other Examinations which they had taken and by which the contrary to what they would have the People believe would have appeared particularly that very full Examination of Captain Ashley wherein Our publick and peremptory Commands against all manner of Violence though provoked are sufficiently manifested they procured an infamous Declaration to be published by the House of Commons for the House of Peers could not be yet prevailed with to joyn in those Extravagancies on the seventeenth of January mentioning Our coming to the House and some rude expressions of some persons who if there were any such persons there We are most confident they were not of Our Train and would infer from some Mens calling for the Word at Our coming out of the House which is a form used in Our Court that those of Our Train who are before may know when and whither they are to go that We had a purpose to have fallen upon the House of Commons and to have cut all their Throats and do therefore declare That Our coming to the House was a traitorous Design against the King and Parliament That Our Proclamation issued out of the Apprehension of them was false scandalous and illegal That it was lawful for all Men to harbour them and that whosever did so should be under the Protection and Priviledge of Parliament with many other expressions of and aspersions upon Us which they hoped would render Us odious to Our good Subjects and force Us for Our safety to submit to such unreasonable Propositions which amongst themselves they had provided to be offered to Us or provoke Us to such Actions as might give them some advantage To keep the People in a continual Alarm and apprehension of Danger few days passed without some pretended Discovery by Sir Walter Earl or other quick-sighted Men of some Treason or Plot against the Parliament the City or the Kingdom and upon every light and impossible Information many of Our Subjects sent for out of several Counties who after chargeable attendance were dismissed without any reparation or reprehension One day the Tower of London is in danger to be taken and Information given That great Multitudes at least a hundred had that day resorted to visit a Priest then a Prisoner there by Order of the Lords and that at the time of the Information above fifty or threescore were then there and a Warder dispatched of purpose to give that notice upon enquiry but four Persons were then found to be there and but eight all that day who had visited that Priest Another day a Tailour in a Ditch in the open fields over-hears two Passengers to plot the death of Mr. Pym and of many other Members of both Houses then Libellous Letters found in the Streets without names probably contrived by themselves and by their Power published printed and entred in their Journals and Intimations given of the Papists training under ground and of notable provision of Ammunition in Houses where upon examination a single Sword and a Bow and Arrows are found a design of the Inhabitants of Covent-Garden to murther the City of London news from France Italy Spain and Denmark of Arms ready to come for England with infinite such ridiculous Discourses which are not only suffered and directed to be Printed but such countenance and credit given to them that thereupon Guards must be doubled Correspondencies and Letters interrupted and broken open even
that they might protest against those Lords who would not agree to the Votes of the House of Commons as the Petitions of Surrey and Hartfordshire do and perswaded others in the name of many thousands of poor People in and about the City of London to Petition against a Malignant Faction which made abortive all those good Intentions which tended to the Peace and Tranquillity of the Kingdom and to desire That those Noble Worthies of the House of Peers who concurred with them in their happy Votes might be earnestly desired to joyn with the House of Commons and to sit and Vote as one entire body professing that unless some speedy remedy were taken for the removal of all such Obstructions as hindered the happy Progress of their great Endeavours the Petitioner should not rest in quietness but should be enforced to lay hold on the next remedy which was at hand to remove the Disturbers of their Peace and want and necessity breaking the bounds of modesty not to leave any means unassayed for their relief adding that the cry of the poor and needy was That such Persons who were the Obstacles of their Peace and Hinderers of the happy proceedings of this Parliament might be forthwith publickly declared whose removal they conceived would put a period to those Distractions after it had been said in the House of Peers That whoever would not consent to the Proposition made by the House of Commons concerning the Forts Castles and the Militia when it was rejected by a major part twice was an Enemy to the Commonwealth This Petition was brought up to the House of Lords by the House of Commons at a Conference and after the same day Master Hollis a Person formerly accused by Us of High Treason and a most malicious Promoter and Contriver of those Petitions and Tumults pressed the Lords at the Bar to joyn with the House of Commons in their desire about the Militia and further with many other expressions of like nature desired in words to this effect That if that desire of the House of Commons were not assented to those Lords who were willing to concur would find some means to make themselves known that it might be known who were against them and they might make it known to them who sent them Upon which Petition so strangely framed countenanced and seconded so great a number of the Lords departed that that Vote passed which they had so often before denied in order to the Ordinance concerning the Militia and since that time they have been able to carry any thing and upon the matter the Resolution of the House of Commons hath been wholly guided by those Persons who had given so plain evidence that they had the Multitude at their Command and hath wholly guided that of the House of Peers who with little debate or dispute have for the most part submitted to whatsoever hath been brought to them Shortly after they passed their Ordinance with such a Preamble as highly concerned Us in Honour and Justice to protest against and wholly excluding Us in whom that whole Power absolutely was and is from any Power or Authority in the Militia the Arms and Strength of the Kingdom and that for as long as they pleased And as if the matter were not worth the considering or that there ought to be no other measure to guide Us in point of Judgment or Understanding but their Votes it was ill taken that We did not immediately return Our Answer but took some time to consider it and We were again with great passion and impatience pressed to give Our Answer they being pleased to tell Us They could not but interpret the Delay to be in a degree a Denial and in the mean time to give Us an instance how modestly they were like to use such Power when We should commit it to them they presumed of themselves knowing We had appointed Our Son the Prince to meet Us at Greenwich in Our return from Dover to inhibite his meeting Us there and to endeavour to get him into their custody All these things considered and the Insolence and Injustice of the Ordinance We might very well have rejected that Proposition with a flat denial and just indignation but We easily perceived that Our good People were misled by the Cunning and Malice of those Boutefeus and thought it always compliance worthy a Prince to take all possible pains to undeceive such who are led into mistakings and therefore We returned to their Proposition for the Ordinance a gracious Answer and Animadversion made it evident to them that the Preamble was in it self untrue and against Our Honour to consent to and expressed Our clear intention in Our going to Our House of Commons We allowed all those persons recommended to Us except only in Corporations to whom a Right was formerly granted by Charter not consistent with this Ordinance and offered to grant such Commissions to them as had very long and happily been used in this Kingdom and which We had this very Parliament granted to two Lords at the instance and intreaty of both Houses If that Power should not be thought enough We offered to grant any should be first vested in Us and so we be enabled to grant but desired that the whole might be digested into an Act of Parliament whereby Our good Subjects might know what they were to do and what they were to suffer that there might be the least latitude for the exercising of any Arbitrary Power over them Which Answer We desire all Our Subjects to read and consider whether We did not thereby grant all which themselves had first desired and whether there was cause to vote such who advised that Answer to be enemies to the State and mischievous Projectors against the Defence of the Kingdom But as if all the Acts passed by Us amongst which that for the taking away the Votes of Bishops out of the House of Peers was the last were of no other value but as instances that We would never deny them any thing they immediately in great fury address themselves to Us with a new humble Petition as they called it but it was indeed a Threatning and told Us plainly That if We would not then in that instant give Our Royal assent to their Ordinance they were resolved to dispose of the Militia by the Authority of both Houses without Us advised Us to stay about London to put away evil Counsellors and to let Our Son the Prince be and continue at S. James's or some other of Our Houses near about London that the Jealousies and Fears of Our People might be prevented We must appeal to all the World whether considering what had been done in publick and said in private We had no cause of Jealousie and whether having such evidence of the Malice Guilt and Power of those accused Members who had designed to have taken the Prince Our Son from Us by froce it was not high time to remove a little further from
that Torrent which might have overwhelmed Us and made them as well and by the same Rule Masters of Our Person as of Our Militia This carried Us first from Theobald's to New-market And whosoever reads the Declaration sent Us thither the strange language given Us and Scandals laid upon Us in that Declaration will not wonder that We made all the haste We could from thence to Tork What hath hapned since Our coming hither both in Words and Actions is too notorious to all the parts of Christendom who with wonder and delight are amazed to see the Wisdom Courage Affection and Loyalty of the English Nation appear so far shrunk and confounded by the Malice Cunning and Industry of persons contemptible in Number inconsiderable in Fortune and Reputation united only by Guilt and Conspiracy against Us. A Licence even to Treason is admitted that is not punished in Pulpits and persons ignorant in Learning and Understanding turbulent and Seditious in disposition Scandalous in life and unconformable in Opinion to the Laws of the Land are by these Men their recommendation and authority imposed upon Parishes to infect and poison the minds of Our People Our Towns Our Goods Our Mony are taken from Us and to make the scorn compleat care is taken to perswade Us that We are not injured but that all is done for Our good Opinions and Resolutions are imposed upon Us by Votes and Declarations that We intended to levy War and then Arms taken up to destroy Us Rebellions and Treasons contrived fomented and acted against Us and then Reproaches cast on Us and War raised against Us because We are displeased We send Our Command to Our Keeper of Our Great Seal of England to Adjourn the Term from London to York a thing as much in Our Power as in what room of Our House We will lodge or eat This is straight Voted to be illegal and Our Keeper of Our Own Seal peremptorily forbid to do his Duty to Seal a Writ or Proclamation to that purpose and when in Obedience to Our express Command he comes to wait on Us he is pursued with a Warrant to all Mayors Justices of the Peace Sheriffs and other Officers to apprehend him A Committee is sent down into the Countries near Us to execute their pretended Ordinance who compel Our Subjects to take Arms against Us and threaten and imprison such as refuse without the least colour of Law whilst such who execute Our legal Commission of Array are sent for as Delinquents and declared to be Enemies to the Kingdom Our own Monies seized upon at London and no supply suffered to be sent Us all persons are forbid to come to Us and charge given to all Men near the Northern Road to stop all Men and Horses who are for Our Service coming to York there being as Master Hollis says in his Speech of which he hath the sole Printing and hath granted that Monopoly to one Vnderhill a mark set upon that Place and an opinion declared concerning those who shall resort thither Our High-ways are shut up and Our good Subjects are hindred in their journies and their goods seized and detained from them because they have occasions to use them in the North Our own Houshold Servants refuse to attend Us upon Our Summons and then the putting them from their Places is voted an injury to the Parliament and whosoever shall accept of those Places to offer an affront to the Parliament and render themselves Unworthy of any place of Honour or Trust in the Commonwealth Sir John Hotham is commended and protected for keeping Us out of Our Town of Hull by Force and Arms and Our raising a Guard for Our Defence is voted levying War against Our Parliament whilst he murthers Our Subjects takes them Prisoners burns their Houses drowns their Land and robs all Men he can lay hold of and commits all the insolent Acts of Hostility against Us and Our Subjects which the most equal and declared Enemies practise in any Country And when after all these Outrages Our miserable Subjects throw themselves at Our feet crying for and challenging Our Protection We must not perform that Duty towards them nor presume to say Sir John Hotham is a Traitor because he hath Priviledge of Parliament Our Royal Navy Our Own Ships are taken from Us the Earl of Warwick made Our Admiral in despight and scorn of Us who chases Our Subjects and makes War upon Us under the Authority of another pretended Ordinance and his Letter published by the direction of the House of Peers to shew how easie it was to make an election rather to despise Us and the known unquestionable Law of the Land than to neglect an Order of both Houses in a matter they have no more just power to meddle in than they have to sell Our Houses Parks and Crown-Land and they may as lawfully send those Ships to the Indies and ordain that We shall never have more as keep them in the Downs against Our Will and under a Command We do protest against to all the World We are defamed and publickly reproached for want of zeal against the Rebels in Ireland and when We offer to venture Our own Person and Our Crown-Land for the relief of Our miserable Subjects there such a Journy is voted to be against the Law to be an incouragement to the Rebels that whosoever shall assist Us in it shall be an Enemy to the Commonwealth and that the Sheriffs of Counties shall raise power to suppress any Levies We shall make to that purpose And after all this when it hath been publickly said by Master Martin That Our Office is forfeitable and that the Happiness of this Kingdom doth not depend upon Vs or any of the Regal Branches of that Stock and by Sir Henry Ludlow That We are not worthy to be King of England and been declared that We have no Negative voice which puts Our Crown the Law of the Land the Liberty and Property of the Subjects absolutely into their hands We are told by these devout Champions for Anarchy and Confusion That We are fairly dealt with that We are not deposed That if they did that there would be neither want of Modesty or Duty in them They publish false scandalous Declarations to corrupt Our good Subjects in their Loyalty and Affection to Us injoyn them to be read and disperse them with all Care and Industry and send for all Ministers who according to Our Command publish Our Answers to undeceive Our People as Delinquents notwithstanding We have not prohibited any to read theirs They commit the Lord Mayor of London and other Mayors for publishing Our Proclamations according to Our Writ and his Oath and streightly charge all Our ministers of Justice not to obey Us They raise an Army against Us and chuse the Earl of Essex for their General and grant him a power Over Us the Law and all Our People that he may kill and destroy whom he thinks fit and impose an
Oath upon Our Subjects to execute all the Commands of both Houses They waste and consume the Mony given by Act of Parliament for the discharge of the great Debt of the Kingdom and for the relief of the bleeding Condition of Ireland imploy the Mony brought in by the Adventurers and those Men who are levied by Our Authority and Commission for the preservation of Our miserable Subjects there to serve them in a War against Us whereby all Men may see what reason We had not to consent to a Warrant dormant under pretence of Levies for Ireland which might have furnished them with Men to fight against Us as the same Pretence hath done with all the Arms We had in Our Magazines They commit such of Our Subjects to Prison whom they are pleased to suspect as the Earl of Portland and for no other reason but that they believe them loyal to Us censure and degrade nine Lords at a clap for obeying Our Summons and coming to Us when scarce that number concurred in the Judgment and declared two others Enemies to the Commonwealth taking their Votes from them without so much as summoning them to answer any Charge brought against them They presume to take Tonnage and Poundage by a pretended Ordinance without Our Consent though they have so often pressed it against Us that We took it without theirs and so now dispence with a Praemunire made this Parliament as they have formerly done with Treason Lastly to shew into what hands they intend the Government of this Kingdom shall be put they have reduced the business of the whole Kingdom from both Houses of Parliament into the hands of a few desperate persons who have the power committed to them to act this Tragedy without acquainting the Houses and so have gotten the Authority of King and both Houses of Parliament to destroy all Three make Orders to break up Houses take away Plate and Money because 't is possible the Owners wish it with Us at York send Troops of Horse to make War upon Us in what Counties they please and commit such unheard-of Acts of Oppression and Injustice as no Story can parallel where the least form of Government hath been left that all Our good Subjects may see by what Rules they shall live and what Right they are like to enjoy when these Men have gotten the Sway who in the infancy of their Power and when there is yet left some memory of and reverence to the Laws under which their Fathers lived so happily dare leap over all those known and confessed Principles of Government and Obedience and exercise a Tyranny both over Prince and People more insupportable than Confusion it self And for all this impudent Injustice odious to God and Man what is objected against Us That We will not be advised by Our Parliament In what what one Proposition that is evidently for the ease of Our Subjects have We denied That We have granted many is confessed We will not consent that the Ordinance of the Militia shall be executed and obeyed that is We will not allow that both Houses of Parliament shall make Laws and impose upon the Property and Liberty of Our Subjects Without Our Consent which if We should yield to upon the same pretences of Necessity a word fatal to this Kingdom and the publick good the House of Commons might as well and would quickly come to make Laws without the House of Peers and the common People without either nor are willing that those Men who have discovered all Malice to Our Person and dis-esteem and irreverence of Our Office shall be legally qualified to take up Arms against Us when they shall be thereunto provoked by their Malice or Ambition There can be no new thing said in this Argument We must refer Our good Subjects to Our several Answers Declarations and Proclamations in that point only it will be worth their considering that this extraordinary unheard-of extravagant Power was assumed in a case of peremptory Necessity for the prevention of imminent Danger in the beginning of March how long it was in design before is understood by Sir Arthur Hesilrigge his Bill long preceeding whether any such Danger hath been since discovered and whether unspeakable Calamities have not already and are not like to ensue from that Fountain We wish it were not too apparent And if those Fears and Jealousies which seem to make that Ordinance necessary were indeed real and honest that in truth nothing were desired but putting the Kingdom into a posture that is that all Our Loving Subjects might be provided with Arms and dexterous in the using them if any Invasion or Rebellion should be is not all this Care taken and all this Security provided for by the Commission of Array What honest end can that Ordinance have which is not obtained by the execution of and obedience to that Commission But 't is true the power is not in those hands nor like to be imployed to those uses 't is now intended Who hath not heard these Men say That the alteration they intend and is necessary both in Church and State must be made by blood Are not the Principles by which they live destructive to all Laws and Compacts Is not every thing Necessary they think so and every thing lawful that is in order to that Necessity Sure if Our good Subjects were throughly awake in this business they would think they had much more cause to thank Us for denying this Ordinance than for granting all that We have granted What is there else We do not think Sir John Hotham hath dealt well with Us in keeping Our Town from Us nor do take it kindly that We are robbed of Our Magazine and Munition but think of recovering both by Force because We cannot have them otherwise which will be an actual levying War against Our Parliament This Argument is sufficiently vexed too Our good Subjects will read the Messages Answers Votes and Declarations in this Case and We are sure upon the grounds laid to justifie this Treason no Subject in England hath a House of his own which may not to morrow be given to Sir John Hotham for as long a term as they think fit and he may be sent to morrow to murther Us and be no Traitor and they who shall shut the door against him shall be Delinquents Is there no more Yes We will not submit to those Nineteen dutiful and modest Propositions which have been lately thrown at Us as the necessary means of removing Jealousies and Differences and as the last Complement of all their Scorns and Injuries that Posterity may see to what a tameness We were brought when such things were asked of Us We will not be content that all Our Officers and Ministers of State be they never so faithful to Us so affectionate to their Country never so wise never so honest shall be immediately removed from Us and their places be disgraced and undone and in their rooms these Gentlemen who have
Advancement of God's Service For the Second of Our Intention to make War upon Our Parliament and so to root out Parliaments the Scandal is so senseless when Our Accusation of a few particular Persons for particular Crimes notoriously committed adjudged by the known Laws of the Land to be Treason is evident that no Man can be moved with it who doth not believe a dozen or twenty Factious Seditious Persons to be the High Court of Parliament which consists of KING Lords and Commons And for the Privileges of it whoever doth not believe that to raise an Army to murther and depose the King to alter the whole frame of Government and established Laws of the Land by extemporary extravagant Votes and Resolutions of either or both Houses to force and compel the Members to submit to the Faction and Treason of a few and to take away the Liberty and Freedom of consultation from them be the Privileges of Parliament must confess that the Army now raised by Us is no less for the Vindication and Preservation of Parliaments than for Our own necessary Defence We have often said and We still say that We believe many Inconveniences have grown upon this Kingdom by the too long intermission of Parliaments that Parliaments are the only necessary sovereign Remedies of the growing Mischiefs which Time and Accidents have and will always beget in this Kingdom that without Parliaments the Happiness cannot be lasting to King or People We have prepared for the frequent assembling of Parliaments and will be always as careful of their just Privileges as of Our Life Honour or Interest But that those Privileges should extend so far as hath been lately declared that it should not be lawful for Us to apprehend the Lord Saint-John Captain Wingate or Captain Walton when they came to destroy Us because they were Members of Parliament without the consent of that House of which they were Members is so ridiculous that there need no more to be said in this Argument than the giving these instances In a word as whoever knows in what Danger Our Person was on Sunday the 23. of October can never believe that the Army which gave Us Battel was raised for Our Defence and Preservation so when they consider how much the Liberty of the Subject is invaded by their Rapine and Imprisoning and that four parts at the least of five of the Members of both Houses are by Violence driven from being present in that Council that the Book of Common-Prayer is rejected and no countenance given but to Anabaptists and Brownists they will easily find the pretences of care of the Protestant Religion the Liberty of the Subject and of the Privilege of Parliament to be as vain and pretended as those which refer to the Safety of Our Person and preservation of Our Posterity We cannot omit the great pains and endeavours these great pretenders to Peace and Charity have taken to raise an implacable Malice and Hatred between the Gentry and Commonalty of the Kingdom by rendring all Persons of Honour Courage and Reputation odious to the Common People under the style of Cavaliers insomuch as the High-ways and Villages have not been safe for Gentlemen to pass through without Violence or Affronts and by infusing into them that there was an intention by the Commission of Array to take away a part of their Estates from them a Scandal so senseless and impossible that the Contrivers of it well know that they might with equal Ingenuity have charged Us with a purpose of introducing Turcisme or Judaisme amongst them and We hope when Our good Subjects have well weighed the continual Practices of these Men to reject all offers of Treaty and to suppress Truth and to mislead them by bold and monstrous Falsehoods they will not think such arts and ways to lead to Peace and Unity And We desire Our good Subjects of all Conditions to believe that We hold Our Self bound no less to defend and protect the meanest of Our People who are born equally free and to whom the Law of the Land is an equal Inheritance than the greatest Subject and that as the Wealth and Strength of this Kingdom consists in the Number and Happiness of Our People which is made up of Men of all Conditions so We shall to the utmost of Our Power endeavour without distinction to give every one of them that Justice and Protection which is due to them and We do exhort them all to that charitable and brotherly Affection one towards another that they may be reconciled in a just Duty and Loyalty to Us which may enable Us for that Protection To conclude We would have all the World know that We shall never forget the Protestations and Vows We have made to Almighty God in Our several Declarations and Messages to both Our Houses of Parliament And We are too much a Christian to believe that We can break those Promises and avoid the Justice of Heaven CHARLES R. Our express pleasure is That this Our Declaration be published in all Churches and Chappels within the Kingdom of England and Dominion of Wales by the Parsons Vicars or Curates of the same DECLARATIONS and PAPERS Concerning the TREATY of PEACE AT OXFORD MDCXLII III. MDCXLII Novemb. His MAJESTY's Declaration to all His loving Subjects of His true Intentions in advancing lately to Brainceford THough Our Reputation be most dear to Us and especially in those cases wherein the truth of Our most solemn Professions and by consequence of Our Christianity is questioned yet it is not only for the Vindication of that and to clear Our self from such Aspersions but withal to preserve Our Subjects in their just Esteem of and Duty to Us and from being engaged into Crimes and Dangers by those malicious Reports so spightfully framed and cunningly spread against Us concerning Our late advancing to Brainceford that We have resolved to publish this Our following Declaration AT Colebrook on Friday the 11. of November We received a Petition from both Our Houses of Parliament by the Earl of Northumberland the Earl of Pembroke and Montgomery the Lord Wenman Master Pierrepont and Sir John Hippesly And indeed We were well pleased to see it so much liker a Petition than the other Papers We had often of late received under that name and return'd to it the next day so gracious an Answer that We assure Our selves could not but be very satisfactory to all that were truly lovers of Peace The Copies of both do here follow To the KING 's most Excellent MAJESTY The humble Petition of the Lords and Commons now assembled in Parliament WE Your Majesty's most loyal Subjects the Lords and Commons in Parliament assembled being affected with a deep and piercing sense of the Miseries of this Kingdom and of the Dangers to Your Majesty's Person as the present Affairs now stand and much quickned therein with the sad consideration of the great effusion of Blood at the late Battel and of the loss of so
which was so really and so much desired by His Majesty that this Proceeding seems to Him purposely by some intended to divert which it could not do that His Inclination That His Majesty had no intention to master the City by so advancing besides His Profession which how meanly soever they seem to value it He conceives a sufficient Argument especially being only opposed by suspicions and surmises may appear by His not pursuing His Victory at Brainceford but giving orders to His Army to march away to Kingston as soon as He heard that place was quitted before any notice or appearance of farther Forces from London Nor could He find a better way to satisfie them before-hand that He had no such intention but that His desire of Peace and of Propositions that might conduce to it still continued than by that Message of the twelfth For which care of His He was requited by such a reception of His Message and Messenger as was contrary at once both to Duty Civility and the very Customs and Law of War and Nations and such as theirs though after this Provocation hath not found from Him His Majesty wonders that His Souldiers should be charged with thirsting after Blood who took above five hundred Prisoners in the very heat of the Fight His Majesty having since dismissed all the common Souldiers and entertain'd such as were willing to serve Him and required only from the rest an Oath not to serve against Him And His Majesty supposes such most apt and likely to maintain their Power by Blood and Rapine who have only got it by Oppression and Injustice That His is vested in Him by the Law and by that only if the destructive Counsels of others would not hinder such a Peace in which that might once again be the Universal Rule and in which Religion and Justice can only flourish He desires to maintain it And if Peace were equally desired by them as it is by His Majesty He conceives it would have been proper to have sent Him such a Paper as should have contained just Propositions of Peace and not an unjust Accusation of His Counsels Proceedings and Person And His Majesty intends to march to such a distance from His City of London as may take away all Pretence of Apprehension from His Army that might hinder them in all security from yet preparing them to present to Him and there will be ready either to receive them or to end the Pressures and Miseries which His Subjects to His great Grief suffer through this War by a present Battel The Humble Petition of Both Houses of Parliament presented to His Majesty on the 24. of November With His Majesties Gracious Answer thereunto To the Kings most Excellent Majesty The humble Petition of the Lords and Commons assembled in Parliament May it please Your Majesty IT is humbly desired by both Houses of Parliament That Your Majesty will be pleased to return to Your Parliament with Your Royal not Your Martial Attendance to the end that Religion Laws and Liberties may be settled and secured by their advice finding by a late and sad accident that Your Majesty is invironed by some such Counsels as do rather perswade a desperate Division than a joyning and a good Agreement with Your Parliament and People And we shall be ready to give Your Majesty assurances of such Security as may be for Your Honour and the safety of Your Royal Person His MAJESTY's Answer to the aforesaid Petition WE expected such Propositions from you as might speedily remove and prevent the Misery and Desolation of this Kingdom and that for the effecting thereof We now residing at a convenient place not far from Our City of London Committees from both Our Houses of Parliament should attend Us for you pretended by your Message to Us at Colebrook that those were your Desires instead thereof and thereby let all the World judge of the design of that Overture We have only received your humble Petition That We would be pleased to return to Our Parliament with Our Royal not Our Martial Attendance All Our good Subjects that remember what We have so often told you and them upon this Subject and what hath since past must with Indignation look upon this Message as intended by the Contrivers thereof for a Scorn to Us and thereby designed by that Malignant party of whom We have so often complained whose Safety and Ambition is built upon the Divisions and Ruines of this Kingdom and who have too great an Influence upon your Actions for a Wall of Separation betwixt Us and Our People We have told you the Reasons why We parted from London how We were chased thence and by whom We have often complained that the greatest part of Our Peers and of the Members of Our House of Commons could not with safety to their Honours and Persons continue and Vote freely among you but by violence and cunning practices were debarred of those Priviledges which their Birth-rights and the Trust reposed in them by their Countries gave them the truth whereof may sufficiently appear by the small number of those that are with you We have offered you to meet both Our Houses in any place free and convenient for Us and them but We never could receive the least satisfaction in any of these particulars nor for those Scandalous and Seditious Pamphlets and Sermons which swarm amongst you That 's all one you tell Us it is now for Our Honour and the Safety of Our Royal Person to return to Our Parliament wherein your formerly denying Us a Negative Voice gives Us cause to believe that by giving your selves that Name without Us you intend not to acknowledge Us to be part of it The whole Kingdom knows that an Army was raised under pretence of Orders of both Houses an Usurpation never heard of before in any Age which Army hath pursued Us in Our own Kingdom gave Us Battel at Keynton and endeavoured to take away the life of Us and Our Children and yet these Rebels being newly recruited and possessed of Our City of London We are courteously invited to return to Our Parliament there that is into the Power of this Army Doth this signifie any other thing than that since the traitourous endeavours of those desperate Men could not snatch the Crown from Our Head it being defended by the Providence of God and the Affections and Loyalty of Our good Subjects We should now tamely come up and give it them and put Our Selves Our Life and the lives liberties and fortunes of all Our good Subjects into their merciful hands Well We think not fit to give any other Answer to this part of your Petition But as We impute not this Affront to both Our Houses of Parliament nor to the major part of those that are now present there but to that dangerous Party We and the whole Kingdom must cry out upon so We shall for Our good Subjects sake and out of Our most tender sense of their
Members of either of them That some Officers of both Armies may speedily meet to agree of the manner of the disbanding and that fit Persons may be appointed by His Majesty and the Parliament who may repair to the several Armies and see the disbanding put in speedy execution accordingly That his Majesty do likewise remove the Garrisons out of Newcastle and all other Towns Castles and Forts where any Garrisons have been placed by Him since these Troubles and that the Fortifications be likewise slighted and the Towns and forts left in such state and condition as they were in the year 1636. That all other Towns Forts and Castles where there have been formerly Garrisons before these Troubles be committed to the charge of such Persons to be nominated by His Majesty as the Parliament shall confide in and under such Instructions as are formerly mentioned That if His Majesty shall be pleased to assent to these Propositions concerning the Towns Forts Castles Magazines and Ships that then His Majesty be humbly intreated to name Persons of Quality to receive the charge of the several Offices and Forts Castles and Towns to be forthwith certified to the two Houses of Parliament that thereupon they may express their confidence in those persons or humbly beseech His Majesty to name others none of which Persons shall be removed during three years next ensuing without just cause to be approved by Parliament and if any be so removed or shall dye within the said space the Person to be put into the same Office shall be such as both Houses shall confide in That all Generals and Commanders in any of the Armies on either side as likewise the Lord Admiral of England the Lord Warden of the Cinque-ports all Commanders of any Ships and Commanders of any Town Castle or Fort shall take an Oath to observe these Articles afore-mentioned and to use their uttermost power to preserve the true Reformed Protestant Religion and the Peace of the Kingdom against all Forein Force and all other Forces raised without His Majesties Authority and Consent of the two Houses of Parliament You shall move His Majesty that for the better dispatch of the Treaty and the free intercourse of Instructions and Advertisements betwixt the two Houses of Parliament and the Committee there may be a free pass of Messengers to and from the Parliament and the Committee without search or interruption and His Majesty's safe Conduct to be obtained to that effect to such Persons as are or shall be appointed for that service viz. for Master John Rushworth Master Mithael Welden Master John Corbet of Graies Inn and Master James Standish H. Elsinge Cler. Parl. D. Com. The KING's Message concerning the Cessation 23 Martii 1642. CHARLES R. HIS Majesty hath immediately upon their arrival admitted the Committee sent to Him from both Houses of Parliament as the Messengers of Peace to His Royal Presence and received the Articles of Cessation brought by them which are in effect the same His Majesty formerly excepted to though their expression in the Preface to these Articles of their readiness to agree to those Alterations and Additions offered by His Majesty in such manner as is expressed made Him expect to have found at least some of the real Alterations and Additions made by Him admitted which He doth not discover I. His Majesty desired that Provision might be made and Licence given to His good Subjects for their freedom of Trade Traffick and Commerce though in matters which concerned Himself more immediately as in Arms Ammunition Mony Bullion and Victual for the use of His Army and the Passage of all Officers and Souldiers of His Army He was contented the restraint should be in such manner as was proposed of which His Majesty is so tender that as he hath provided for the same by His gracious Proclamations so He doth daily release and discharge such Merchandize and Commodities as are contrary to those Proclamations stayed by any of His Majesties Forces To this Freedom and Liberty of His good Subjects there is not the least admission given by these Articles so that they have not any ease or benefit by this Cessation which His Majesty desires both Houses to consider of and whether if His Majesty should take the same course to stop and interrupt the Trade of the Kingdom as the other Army doth a general Loss and Calamity would not seize upon His good Subjects II. His Majesty to the end that a full Cessation might be as well at Sea as at Land and He might be secured that the Ships proposed to be set forth for the Defence of His Majesties Dominions should be employed only to that end and purpose desired that they might be put under the Command of Persons to be approved of by His Majesty which is not consented to by these Articles but their former to which His Majesty excepted strictly and entirely insisted on by which besides that part of Hostility remains the conveying of any number of Forces from any part to any other by that means remains free to them III. For the prevention of any Inconveniences which might arise upon real Differences or Mistakes upon the latitude of Expressions as if His Majesty should now consent to these Articles proposed in the Terms proposed He must confess the Army of which He complains to be raised by the Parliament and either Himself to be no part of the Parliament or Himself to have raised that Army and for prevention of that Delay which He foresaw could not otherwise be avoided if upon every Difference the Questions must be remitted to London His Majesty desired that the Committee for whom He then sent a safe Conduct might have liberty to debate any such Differences and Expressions and reconcile the same that all possible Expedition might be used to the main Treaty In this point of so high Concernment no power is given in these Articles and the Committee confessed to His Majesty they have no Power given but are strictly and precisely bound to the very words of the Articles now sent and that before these are consented to by Us they cannot enter into any Treaty concerning the other Propositions IV. His Majesty desired that during the Cessation none of His good Subjects might be imprisoned otherwise than according to the known Laws of the Land This is in no degree consented to but the priviledge and liberty to which they were born reserved from them till the disbanding of both Armies though they are no part of either Army and so have no benefit by this Cessation V. His Majesty desired that during this Cessation there should be no Plundering or Violence offered to any of His Subjects In the Answer to which His desire against Violence is not at all taken notice of nor is His desire against Plundering any ways satisfied His Majesty not only intending by it the robbing of the Subject by the unruliness of the uncommanded Souldier which their Clause of requiring the Generals and
agreed upon by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Viscount Say and Seal William Pierrepont Esque Sir William Armyne Bar. Sir John Holland Bar. and Bulstrode Whitelocke Esq Committees attending His Majesty upon the Cessation and Treaty YOu shall alter the words mentioned in his Majesty's third Article in this manner leaving out the words The Army raised by the Parliament and putting in these words The Army raised by both Houses of Parliament You shall humbly present to His Majesty the Reasons herewithal sent from both Houses for their not assenting to those Alterations and Additions to the Articles of Cessation offered by His Majesty You shall press the force of those Reasons or any other as there shall be occasion in the best manner you may to procure His Majesties assent to those Articles of Cessation which if you shall obtain within two days after the day of the receit hereof you shall in the name of both Houses of Parliament agree and conclude upon the Cessation to continue to the end of twenty days to be reckoned from the twenty fifth of March and upon a day certain as soon as may be when the same shall first begin and be of force within which time notice is to be given as well by His Majesty as by the Lords and Commons to the several Generals Commanders and Souldiers respectively to observe the same Cessation as it is qualified and limited in those Articles And after such conclusion made you shall take care that those Articles be past under the Great Seal in a fitting and effectual manner and speedily sent up to the Lords and Commons in Parliament with four Duplicates of the same at least If His Majesty shall please to agree upon the two Propositions concerning His own Revenues Towns Forts Magazines and Ships and the disbanding of the Armies you are then authorized fully to agree and conclude upon those Propositions according to your Instructions and you shall desire His Majesty that the same may be forthwith put in execution according to the Instructions formerly given in that behalf and the two Houses will be ready to put in execution what is to be performed on their part of which you have hereby power to assure His Majesty And if His Majesty shall not be pleased to agree upon those two Propositions within the time of four days you shall then speedily give advertisement to the two Houses of Parliament that thereupon they may give such further direction as to them shall seem fit Josh Brown Cler. Parliamentorum Reasons for the Committee Martii 27. 1643. To the Kings most Excellent Majesty THe Lords and Commons in Parliament assembled do with all humble thankfulness acknowledge Your Majesty's Favour in the speedy admission of their Committee to Your Royal Presence and the expedition of Your Exceptions to their Articles that so they might more speedily endeavour to give Your Majesty satisfaction and although they were ready to agree to the Articles of Cessation in such manner as they exprest in their Preface they cannot agree to the Alteration and Addition offered by Your Majesty without great prejudice to the Cause and danger to the Kingdom whose Cause it is The reasons whereof will plainly appear in the Answer to the particulars prest by Your Majesty I. They do deny that they have restrained any Trade but to some few of those places where Your Majesty's Forces are inquartered and even now in the heat of War do permit the Carriers to go into all the parts of the Kingdom with all sorts of Commodities for the use of the Subjects except Arms Ammunition Mony and Bullion But if they should grant such a free Trade as Your Majesty desired to Oxford and other places where Your Forces remain it would be very difficult if not impossible to keep Arms Ammunition Mony and Bullion from passing into Your Majesty's Army without very strict and frequent Searches which would make it so troublesome chargeable and dangerous to the Subjects that the question being but for twenty days for so few places the Mischiefs and Inconveniences to the whole Kingdom would be far greater than any Advantage which that small number of Your Subjects whom it concerns can have by it The case then is much otherwise than is exprest by Your Majesty's Answer for whereas they are charged not to give the least admission of this liberty and freedom of Trade during the Cessation the truth is that they do grant it as fully to the benefit of the Subject even in time of War and that Your Majesty in pressing this for the Peoples good doth therein desire that which will be very little beneficial to the Subjects but exceeding advantagious to Your Majesty in supplying Your Army with many necessaries and making Your Quarters a staple for such Commodities as may be vented in the adjacent Counties and so draw Mony thither whereby the Inhabitants will be better enabled by Loans and Contributions to support Your Majesty's Army And as Your Majesty's Army may receive much Advantage and the other Army much Danger if such freedom should be granted to those places so there is no probability that the Army raised by the Lords and Commons shall have any return of Commodities and other Supplies from thence which may be useful for them And they conceive that in a Treaty for a Cessation those demands cannot be thought reasonable which are not indifferent that is equally advantagious to both parties As they have given no interruption to the Trade of the Kingdom but in relation to the supply of the contrary Army which the reason of War requires so they beseech Your Majesty to consider whether Your Souldiers have not robbed the Carriers in several parts where there hath been no such reason and Your Ships taken many Ships to the great damage not only of particular Merchants but of the whole Kingdom and whether Your Majesty have not declared Your own purpose and endeavoured by Your Ministers of State to embarque the Merchants goods in Forein parts which hath been in some measure executed upon the East-land Merchants in Denmark and is a course which will much diminish the Wealth of the Kingdom violate the Law of Nations make other Princes Arbiters of the Differences betwixt Your Majesty and Your People break off the intercourse betwixt this and other States and like to bring us into quarrels and dissentions with all the neighbour-Nations II. To demand the approving of the Commanders of the Ships is to desire the strength of one party to the other before the difference be ended and against all Rules of Treaty To make a Cessation at Sea would leave the Kingdom naked to those Forein Forces which they have great cause to believe have been sollicited against them and the Ports open for such supplies of Arms and Ammunition as shall be brought from beyond the Seas But for conveying any number of Forces by those means from one part to another they
is intended may be so exprest and understood that no mistakes may arise so that His Majesty may not be understood to consent to any imposing upon levying distraining or imprisoning His good Subjects to force them to contribute or assist against Him which He shall always continue to inhibit requiring all men to resist those Illegal acts of Injustice and Violence against which He doth absolutely protest and so that there may not be a liberty for any Rapine Plundering or seizing upon His Subjects by any of the Soldiers of that Army for not submitting to such Illegal Impositions as aforesaid For otherwise they may during this Cessation besides what is already imposed impose new Taxes not only to the Nineteenth part but if they please for their pleasure is all their bound to the half of or all their Estates upon His good Subjects in His City of London and all Counties within their reach and their Army would then be at leisure to be employed as Collectors as well of the old Impositions which in most places without their Army they cannot levy as of any such new one and vast summs would and might by this means be raised to the destruction of His Subjects extraordinary advantage to them and great disadvantage to His Majesty who can neither obtain His own Consent to take the like courses nor in case He could is He so quartered as to have within the power of His Army without breach of the Cessation by drawing nearer to their Forces any such City or so many so rich and so fresh Counties as they have to retire into to that purpose So that as nothing is more just in it self and for His People than such a limitation so nothing can be more unequal to His Majesty or more advantagious to them than the admission of or connivance to any such practices upon His People This Cessation to begin on the 9. of April and to continue to the end of 20. days from the 25. of March. And His Majesty desires that the Treaty may proceed upon the Propositions in order upon which His Majesty hath an earnest desire that a firm and stable Peace may be agreed on and both Armies speedily disbanded otherwise if during this Cessation in the Articles of which His Majesty in order to Peace hath yielded to things manifestly unreasonable and prejudicial to His Army the Treaty be not dispatched His Majesty cannot without manifest ruine to His Army principally that of the North be able to contain Himself beyond this time now limited for the Cessation in the Quarters in which He hath so long been and now is and which will hardly be able to hold out so long but must be forced to remove as He shall find agreeable for His Occasions And in case any delay be made in consenting to these His Majesty's limitations or that the Houses shall reject this His offer of Cessation His Majesty as He hath lately desired by a Proposition to both Houses delivered to their Committee to which He hath yet received no Answer so He doth earnestly continue to desire that the Treaty it self may not be delayed or interrupted by it but that their Committee may be enabled to proceed upon it in the mean while Jo. Brown Cler. Parliamentorum Copia vera Addition of four days longer to Treat April 4. 1643. WE humbly acquaint Your Majesty that we received this morning the resolution of both Houses of Parliament whereby farther time is given to us to Treat upon the two first Propositions viz. the first Proposition of Your Majesty and the first Proposition of both Houses and that the time prescribed for the Treaty upon the two first Propositions shall be until Friday night Northumberland John Holland B. Whitelocke Will. Pierrepont Will. Armyne A Letter from both Houses received April 8. 1643. WE are commanded to send these inclosed Instructions to you from both Houses of Parliament by which the resolutions of the Houses will appear unto you This is all we have in command and rest Westminster the 7. of April 1643. Your humble Servants Manchester Speaker pro tempore William Lenthall Speaker of the Commons House Instructions concerning the Cessation received April 8. 1643. A farther Addition of Instructions agreed upon by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Pierrepont Esq Sir William Armyne Baronet Sir John Holland Baronet and Bulstrode Whitelocke Esquire Committees of both Houses of Parliament attending His Majesty at Oxon. YOU are hereby to take notice That the two Houses have considered His Majesty's Answer to their Reasons concerning the Cessation wherein there are divers expressions which reflect much upon the Honour and Justice of the Houses and might occasion particular Replies yet at this time they desire to decline all Contestation their wishes and endeavours being earnestly bent upon the obtaining a speedy Peace For which cause they do not think good to consume any more of that time allowed for the Treaty in any farther debates upon the Cessation concerning which they find His Majesty's expressions so doubtful that it cannot be suddenly or easily resolved and the remainder of the time for the whole Treaty being but seven days if the Cessation were presently agreed it would not yield any considerable advantage to the Kingdom Wherefore you shall desire His Majesty that He will be pleased to give a speedy and positive Answer to their first Proposition concerning the Disbanding that so the People may not have only a Shadow of Peace in a short time of Cessation but the Substance of it in such manner as may be a perpetual Blessing to them by freeing the Kingdom from those miserable effects of War the effusion of English blood and Desolation of many parts of the Land For the obtaining of which Happiness the Lords and Commons have resolved to enlarge your Power That if you shall not have fully agreed upon the two first Propositions before Friday night you may notwithstanding any former restraint proceed to treat upon them according to the Instructions formerly given you although the Articles of the Cessation are not agreed upon And those two first Propositions being concluded the two Houses will thereupon give you further Instructions to proceed to the other Propositions that so the whole Treaty may be determined within the twenty days formerly limited to be reckoned from the 25 of March last which can admit no alteration or enlargement without manifold Prejudice and Danger to the whole Kingdom Joh. Brown Cler. Parliamentorum The KING's Reply touching Cessation and His desire to enable the Committee to treat upon the Propositions in the mean time and touching His coming to the Parliament C. R. IF the Committee according to His Majesty's desire had had but power to agree in the wording of Expressions in the Articles of Cessation His Majesty's which are as clear as the matter would bear and as He could make them had not appeared so doubtful to any but that the Cessation
might have been suddenly and speedily resolved and that long before this time And if the expressions of both Houses in their Reasons had not necessitated His Majesty in His own defence to give such Answers as could not upon those points deliver Truth without some shew of Sharpness no Expression of that kind in His Majesty's Answer had given any pretence for the rejection of or refusing so much as to treat upon this Cessation which though it were at present for no long time yet was from the day named by themselves the 25 of March whereas His Majesty first moved for a Cessation and Treaty without any limitation at all in the time of either and His Majesty was most ready to have enlarged the time so that in the mean while the point of Quarters might be so settled as that His Armies might subsist and which might have been if they had pleased a very good and promising earnest and fore-runner of that great blessing of Peace for the obtaining of which the wishes and endeavours of all good men being earnestly bent a farther debate in order to so great a Benefit did not deserve to be styled a consumption of time And His Majesty cannot but conceive Himself to be in a strange condition if the doubtfulness of Expressions which must always be whilst the Treaty is at such a distance and power is denied to those upon the place to help to clear and explain or His necessary Replying to charges laid upon Him that He might not seem to acknowledge what was so charged or the limitation of the time of seven days for the Treaty which was not limited by His Majesty who ever desired to have avoided that and other limitations which have given great interruptions to it should be as well believed to be the grounds as they are made the arguments of the rejection of that which next to Peace it self His Majesty above all things most desires to see agreed and settled and which His Majesty hopes if it may be yet agreed on will give His People such a taste of such a Blessing that after a short time of consideration and comparing of their several conditions in War and Peace and what should move them to suffer so much by a Change they will not think those their friends that shall force them to it or be themselves ready to contribute to the renewing of their former Miseries without some greater evidence of Necessity than can appear to them when they shall have seen as they shall see if this Treaty be suffered to proceed that His Majesty neither asks nor denies any thing but what not only according to Law He may but what in Honour and care of His People he is obliged to ask or deny And this alone which a very short Cessation would produce His Majesty esteems a very considerable advantage to the Kingdom and therefore cannot but press again and again that whatever is thought doubtful in the expressions of the Articles may as in an hour it may well be done be expounded and whatsoever is excepted at may be debated and concluded and that Power and Instructions may be given to the Committee to that end that the miserable effects of War the effusion of English blood and desolation of England until they can be totally taken away may by this means be stayed and interrupted His Majesty supposes that when the Committee was last required to desire His Majesty to give a speedy and positive Answer to the first proposition concerning Disbanding His Answers in that point to which no Reply hath been made and which He hopes by this time have given satisfaction were not transmitted and received but wonders the Houses should press His Majesty for a speedy and positive Answer to the first part of their first Proposition concerning Disbanding when to the second part of the very same Proposition concerning His Return to both Houses of Parliament they had not given any Power or Instructions to the Committee so much as to treat with His Majesty and when His Majesty if His desire of Peace and of speeding the Treaty in order to that had not been prevalent with Him might with all manner of Justice have delayed to begin to treat upon one part until they had been enabled to treat upon the other In which point and for want of which power from them the only stop now remains His Majesty's Answers to both parts of their first Proposition being given in transmitted and yet remaining unanswered To which until the Houses shall be at leisure to make Answer that as little delay in this Treaty as is possible may be caused by it His Majesty desires likewise that the Committee may be enabled to treat upon the following Propositions in their several orders A Letter from both Houses April 8. WE have sent unto you by this Gentleman Sir Peter Killegrew some additional Instructions by which your Lordship and the rest of the Committee will perceive the Resolutions which the Houses have taken upon the Papers which they received this day from you This is all we have in command and remain Your Lordship 's humble Servants Manchester Speaker of the House of Peers pro tempore Will. Lenthall Speaker of the Commons House in Parliament Westminster this 8 of April 1643. Instructions concerning the Insisting received April 9. 1643. Additional Instructions for Algernon Earl of Northumberland William Lord Viscount Say and Seal William Pierrepont Esquire Sir William Armyne and Sir John Holland Baronets Bulstrode Whitelocke Esquire Committees from both Houses attending His Majesty at Oxford Magazines and enlarging the time THE two Houses of Parliament are unsatisfied with His Majesty's Answer to that Clause of the first Proposition which concerns the Magazines Wherefore you are to desire His Majesty to make a further Answer in such manner as is exprest in the Instructions formerly given you and you shall let His Majesty know That the Lords and Commons do not think fit to enlarge the time of the Treaty beyond the twenty days formerly limited Cinque-Ports Towns Forts and Castles They likewise remain unsatisfied with His Majesty's Answer concerning the Cinque-Ports Towns Forts and Castles being in the most material points an express Denial Wherefore you are to insist upon their desire for another Answer according to your Instructions Ships They observe in His Majesty's Answer concerning the Ships not only a Denial to all the desires of both Houses but likewise a Censure upon their proceedings However you are to insist upon their desires expressed in your Instructions Disbanding They further conceive that His Majesty's Answer to their first Proposition concerning the Disbanding is in effect a Denial unless they desert all those cautions and limitations which they have desired in their Answer to His Majesty's first Proposition Wherefore you are to proceed insisting upon that part of their first Proposition concerning the Disbanding according to your Instructions KING's Return to the Parliament You shall declare to His Majesty
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
say they endeavour to take His Life who have shot at Him as often as He hath come within Cannon-shot of them and that the Treaty should not oblige them from taking any Town or Castle of His Majesty 's from Him and yet His Majesty be obliged by it neither to regain any of His Towns nor receive any of His own Castles that Sir William Waller may really take Malmesbury and Tukesbury and His Majesty must not so much as think of Scarborough or Bristol upon which City as His Majesty doth avow to have had a Design to recover it from the Rebels so He absolutely denies it to have been either bloody or barbarous Epithets which they are pleased to give it but for what reason He cannot imagine His Majesty abhorring all thought of what is printed at London That it was intended Man Woman and Child should have been all killed in that Town that had not such a Word or wore not such a Ribband though some Word or Mark might well be agreed on not with intention to kill all that had it not but that more particular care might be taken of their protection that had it not only from all danger but from all disrespect But the execution upon cold blood of some of the principal Citizens of that City for their Loyalty to His Majesty upon a single Order without the least colour of any Legal proceedings will appear to all men most barbarous and bloody and such a Murther as His Majesty must not leave unrevenged nor can His Subjects look upon otherwise than as purposely now committed to make Peace yet more impossible and as an earnest of that intolerable Arbitrary Government which they must always expect to suffer under if that Violent party should prevail Since therefore notwithstanding these frivolous Objections His Majesty's Desire of Peace by His earnestness for it both before and during and after the Treaty doth so fully appear and since their inclination to the contrary by their most earnest and utmost endeavours to hinder both the beginning continuance and renewing of the Treaty is no less evident since in the Treaty His Majesty's main aim was the immediate disbanding of the Armies and that Differences might be debated in a full and free Convention in Parliament and that to that end the Parliament might be restored to the natural and genuine Condition and all things only restored into that state wherein they were when the Houses were full and free since His Majesty ask'd nothing that they could deny to be due to Him by Law and His Majesty denied nothing that themselves could claim by Law to belong to them nor any one thing of that publick necessity or value as deserves the shedding of one drop of that Sea of Blood which will be spent in this unnatural natural Quarrel since His Majesty made the last most reasonable Proposition and they will never suffer it to be granted nor debated and three Messages of His Majesty's cannot obtain one Answer His Majesty hopes that the scales will now fall from the eyes of His most blindly-seduced Subjects and they will now be able do discern both their Duty and their Interest by so clear a Light that it will be no longer in the power of this Violent party to ingage them to be Wicked that they may be Miserable and by opposing Justice to destroy Peace And His Majesty doth most earnestly conjure those whose fault hath hitherto proceeded rather from want of heat than want of light who out of too much care of their private safety have been either lookers on or have at once dislik'd and countenanc'd these Courses that they at last rouze up their Courage to take part with their Conscience and fear to be Damned more than to be Plundred and consider that if they will desert and oppose that Party whom their Tameness only makes considerable and unite themselves with but half that industry to defend His Majesty and the Religion and Law establisht which the others use to destroy them all they may avoid the One and be in no danger of the Other their numbers being such that if they once but knew one another by meerly joyning to appear to think as they do they might speedily end this truly styled by them the worst kind of War both as it is of English against English and of Subjects against their Prince But if they shall still suffer themselves to be carried away with the Stream they will by that suffer the Power of the Violent party to take so deep a root by being seized of all the Arms Ships and strong places of the Kingdom that if they should happen to prevail in this War against His Majesty they will in despight not only of them but of their present Rulers if they should be willing to divert them extirpate the Law Root and Branch alter the whole frame of Government introduce Democracy Independence and Parity and leave neither King Church nor Gentleman And besides that they will then appear to themselves guilty of this intolerable Innovation which they have not timely enough opposed this Party will then forget that they did not oppose them at all and remember that they did assist them but a little will distinguish between those who assisted them out of Zeal and out of fear and who are now call'd Moderate they will then call Malignant and the Inequality Injustice and Oppression they will then indure will too late discover to them to their Costs that they have undone themselves with too much Discretion and obtain'd nothing by their unjustifiable cautious Compliance but to be destroyed last By the King A Proclamation warning all His MAJESTY'S good Subjects no longer to be misled by the Votes Orders and pretended Ordinances of one or both Houses by reason the Members do not enjoy the Freedom and Liberty of Parliament With His MAJESTY'S gracious offer of Pardon to the Members of both Houses and of Protection to such of them as shall repair to Him WHereas We have been long since driven by Force and Violence from Our Palace at Westminster the place of sitting for Us and Our two Houses of this Parliament so that We could not with safety of Our Life be present with Our great Council and much the greater part of the Members of both Houses of Parliament have been likewise driven by Tumults and Force for their safety from their Attendance upon that Council the said Members having been threatned and assaulted for delivering their Opinions freely in the Houses or have out of Conscience and Duty withdrawn themselves from being present at the Debates and Resolutions which they have well known to be so contrary to their Duty and Allegiance or for so withdrawing or for freely speaking in the Houses have been expelled or suspended from being Members of that Council contrary to the ancient Practice and just Privileges of Parliament since which time and by which means a great and Rebellious Army hath been raised against Us
and Baronet Sir Arthur Hesilrigge Baronet Sir Henry Ludlow Sir Edward Hungerford Sir Francis Popham Knights Nathanael Fiennes John Hampden John Pym William Stroude Henry Martin and Alexander Popham Esquires Isaak Pennington Alderman of London and Captain Venne who being the principal Authors of these present Calamities have sacrificed the Peace and Prosperity of their Country to their own Pride Malice and Ambition and against whom We shall proceed as against Persons guilty of High Treason by the known Laws of the Land and shall in the proceeding be most careful to preserve all Privileges in the fullest manner that by the Law or the usage of former times is due to them if they shall within Ten days after the publishing this Our Proclamation return to their Duty and Allegiance to Us. And lastly We further enjoyn and command all Our Subjects upon their Allegiance to Us as they will answer the contrary to Almighty God and as they desire that they and their Posterity should be free from the foul Taint of High Treason and as they tender the Peace of this Kingdom that they presume not to give any Assistance to the before-mentioned Rebellious Armies in their Persons or Estates in any sort whatsoever but joyn with Us according to their Duty and the Laws of the Land to suppress this horrid Rebellion And Our Pleasure and Command is That this Our Proclamation be read in all Churches and Chapels within this Our Kingdom Given at Our Court at Oxford the twentieth Day of June in the Nineteenth Year of Our Reign God save the King A DECLARATION CONCERNING THE CESSATION IN IRELAND ALSO DECLARATIONS and PASSAGES of the PARLIAMENT at OXFORD MDCXLIII Octob. 19. The Grounds and Motives inducing His MAJESTY to agree to a Cessation of Arms for one Year with the Roman Catholicks of IRELAND AS there hath been no Argument with which the Minds and Affections of Our People have with more Subtilty and Malice been infected and corrupted by the great Authors and Contrivers of this unnatural and odious Rebellion in England than with the gross and senseless Imputations of Our neglect of Our poor Protestant Subjects in Ireland so there is no Calumny of theirs against which We can with more Confidence Clearness and Integrity justifie Our Self and all Our Actions before God and Man We will not now trouble Our Self with the remembring Our several Messages and Importunities to Our two Houses of Parliament in that business Our offer to engage Our own Royal Person in that War and the scornful rejection of that offer Our consenting to all Propositions and Acts proposed to Us for the raising of Men or providing of Money for that Service till it was evident that Men and Money being raised under pretence of quenching the Rebellion there were both imployed in kindling and maintaining the Rebellion here Our granting a Commission to Persons named by themselves for the managing the Affairs of that Kingdom according to Instructions drawn by themselves not one of which have been observed by them We shall have occasion of publishing all these particulars in a full and clear Narration to the World that all Our good Subjects may see that the same Men and only they who have brought all these Miseries and Calamities upon them here have been the Promoters if not the Contrivers of the Miseries of their Brethren in Ireland by preventing those Remedies and diverting that Assistance which being seasonably applyed might have eased that poor People of many of those Calamities they have since endured But for the present We shall only being to publish the Articles of Cessation agreed on Our behalf by the Persons trusted by Us in that Kingdom let Our good Subjects briesty know the Grounds and Circumstances of that Treaty and Conclusion About the Month of November last after We had been advertised as well by Our Council-board of that Kingdom as several Petitions and Remonstrances of all the principal Commanders and Officers of Our Army of the miserable condition of Our Forces there by the extream want of Money Victuals and Ammunition of which they were so far from being like to receive supply from Our two Houses here who had undertaken to defray those Charges that We had had too sad experience that both the Money raised by Act of Parliament and the Men raised by Our own Commission for that purpose were imployed against Us in that Rebellious Army which not long before had given Us Battle a short Petition was sent to Us by the Lords Justices and Council of that Kingdom which they had received in the name of the Roman Catholicks of Our Kingdom of Ireland directed to Us in which nothing was desired of Us but that We would appoint some Persons to hear what they could say for themselves with many expressions of Duty and Submission to Us. Shortly after in the end of that Month or beginning of December the Committee for Ireland attended Us at Oxford and set forth by their Petition That all passages by which Comfort and Life should be conveyed unto that gasping Kingdom seemed totally to be obstructed and that unless timely Relief were afforded Our Loyal Subjects there must yield their Fortunes a prey their Lives a sacrifice and their Religion a scorn to the merciless Rebels Hereupon We granted a Commission to some Persons of Honour and Trust to meet and confer with such Persons as the Rebels should imploy but without power to conclude any thing or with other Authority than only to receive such Propositions as they should make and to derive the same to Us. The meeting upon this Commission produced little effect in so much that the Lieutenant-General of Our Army there whom We trusted principally in that Commission being unsatisfied with the Cavils and Proceedings of the Rebels in February marched out with 2500. Foot and 500. Horse to force Victual and Provision from them for the subsistance of Our Army in which Expedition he performed those good services which are known to most men so that all men may observe the discourse or expectation of a Treaty caused Us not to omit any opportunity which was offered for Our advantage No success of Our Army there though God blessed it then with a very great Victory could supply those extreme wants they suffered by not having received any Relief either of Money or Victual in above four Months from hence and therefore the Lords Justices and Council by their Letter of the 16 th of March signified unto Us That the State and Army there were in very terrible want of means to support a War and that unless supplies of Money Munition Arms Cloaths and other Abiliments of War were speedily sent thither there was little hope to escape utter Destruction and Loss of the Kingdom And by their Letter of the 4 th of July after mentioning how often and how much in vain they had recommending their condition to the Two Houses they told Us plainly that unless the supplies then mentioned in their
most affectionate humble Servants Ed. Littleton C. S. L. Cottington D. Richmond M. Hartford M. Newcastle E. Huntington E. Bathon E. Southampton E. Dorset E. Northampton E. Devonshire E. Bristol E. Berkshire E. Cleveland E. Marlburgh E. Rivers E. Lindsey E. Dover E. Peterburgh E. Kingston E. Newport E. Portland E. Carbury V. Conway V. Falconbridge V. Wilmot V. Savile L. Mowbray and Maltravers L. Darcy and Coniers L. Wentworth L. Cromwell L. Rich. L. Paget L. Digby L. Howard of Charleton L. Deincourt L. Lovelace L. Pawlet L. Mohun L. Dunsmore L. Seymour L. Herbert L. Cobham L. Capell L. Percy L. Leigh L. Hatton L. Hopton L. Jermyn L. Loughborough L. Byron L. Widderington MDCXLIII IV. Votes of the Commons at Oxford Die Veneris Januar. 26. 1643. Resolved upon the Question Nemine contradicente THat all such Subjects of Scotland as have consented to the Declaration intituled the Declaration of the Kingdom of Scotland and concerning the present Expedition into England according to the Commission and Order of the Convention of Estates from their meeting at Edinburgh August 1643. have thereby denounced War against the Kingdom of England and broke the Act of Pacification Resolved upon the Question Nemine contradicente That all such of the Subjects of Scotland as have in a Hostile manner entred into the Town of Berwick upon Twede have thereby broke the Act of Pacification Resolved upon the Question Nemine contradicente That all His Majesty's Subjects of the Kingdom of England and Dominion of Wales are both by their Allegiance and the Act of Pacification bound to resist and repress all such of the Subjects of Scotland as have in a Hostile manner already entred or shall hereafter enter into the Town of Barwick upon Twede or any other part of His Majesty's Realm of England or Dominion of Wales as Traytors and Enemies to the State Resolved upon the Question Nemine contradicente That shall such of His Majesty's Subjects of the Realm of England or Dominion of Wales that shall be abetting aiding and assisting to the Subjects of Scotland in their Hostile Invasion of any part of His Majesty's Realm of England or Dominion of Wales shall be deemed and taken as Traitors and Enemies to the State Resolved upon the Question Nemine contradicente That all His Majesty's Subjects of Scotland are bound by the Act of Pacification to resist and repress all of that Kindom that already haveraised Arms or shall rise in Arms to invade this Kingdom of England or Dominion of Wales Votes of the Commons at Oxford March 12. 1643. Resolved upon the Question Nemine contradicente THat the Lords and Commons now remaining at Westminster that have given their Votes or consent to the raising of Forces under the Command of the Earl of Essex or have been abetting aiding or assisting thereunto have levied and made War against the King and are therein guilty of High Treason Resolved upon the Question Nemine contradicente That the Lords and Commons now remaining at Westminster that have given their Votes and consents for the making and using of a new Great Seal have thereby counterfeited the Kings Great Seal and therein committed High Treason Resolved upon the Question Nemine contradicente That the said Lords and Commons now remaining at Westminster that have given their consents or have been abetting aiding or assisting to the present coming in of the Scots into England in a Warlike manner have therein committed High Treason Resolved upon the Question Nemine contradicente That the Lords and Commons now remaining at Westminster who have committed the Crimes mentioned in the three former Votes have therein broken the Trust in them reposed by their Country and ought to be proceeded against as Traitors to the King and Kingdom Resolved upon the Question Nemine contradicente That all the Endeavours and Offers of Peace and Treaty made by His Majesty by the advice of the Lords and Commons of Parliament assembled at Oxford have been refused and rejected by the Lords and Commons remaining at Westminster MDCXLIII IV. A Declaration of the Lords and Commons of Parliament assembled at Oxford of their Proceedings touching a Treaty for Peace and the Refusal thereof with the several Letters and Answers that passed therein IF our most earnest Desires and Endeavours could have prevailed for a Treaty our Proceedings therein without this Declaration would have manifested to all the World the clearness of our Intentions for the restoring the Peace of this Kingdom But seeing all the means used by Us for that purpose have been rendred fruitless we hold our selves bound to let our Countries know what in discharge of our Duty to God and to them we on our parts have done since our coming to Oxford to prevent the further effusion of Christian blood and the Desolation of this Kingdom His Majesty having by His Proclamation upon occasion of the Invasion from Scotland and other weighty reasons commanded our attendance at Oxford upon the 22. of January last there to advise Him for the preservation of the Religion Laws and Safety of the Kingdom and to restore it to its former Peace and Security these Motives with the true sense of our Countries Miseries quickned our duty to give ready obedience to those His Royal Commands hoping by God's blessing to have become happy Instruments for such good Ends. And upon our coming hither we applyed our selves with all diligence to advise of such means as might most probably settle the Peace of this Kingdom the thing most desired by His Majesty and our selves And because we found many gracious offers of Treaty for Peace by His Majesty had been rejected by the Lords and Commons remaining at Westminster we deemed it fit to write in our own names and thereby make tryal whether that might produce any better effect for accomplishing our desires and our Countries Happiness And they having under pain of Death prohibited the address of any Letters or Message to Westminster but by their General and we conceiving him a Person who by reason of their trust reposed in him had a great influence into and Power over their Proceedings resolved to recommend it to his Care and to engage him in that Pious Work with our earnest desire to him to represent it to those that trusted him to prevent all exceptions and delay And thereupon the 27. of the same January dispatched a Letter away under the hands of the Prince His Highness the Duke of York and of 43. Dukes Marquesses Earls Viscounts and Barons of the House of Peers and 118. Members of the House of Commons there present many others of us by reason of distance of place sickness and imployments in His Majesty's Service and for want of timely notice of the Proclamation of Summons not being then come hither which Letter we caused to be inclosed in a Letter from the Earl of Forth the Kings General A true Copy of which Letter from us to the Earl of Essex hereafter followeth viz. My Lord HIS
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
well-affected to rise as one man and to come to the House of Commons next Morning for that 20000 Irish Rebels were landed which direction and information was likewise that day given in Pulpits by their Seditious Preachers and in some of those Papers were subscribed That the Malignant Party had over-voted the good and if not prevented there would be Peace the Propositions for Peace being the day before carried by nine and twenty Voices A Common-council was called late at night though Sunday and a Petition there framed against Peace which was the next morning brought to the House countenanc'd by Alderman Pennington a known Promoter and Governour of those Tumults and attended with a multitude of mean Persons who used Threats Menaces and Reproaches to the Members of both Houses Their Petition took notice of Propositions passed by the Lords for Peace which if allowed would be destructive to Religion Laws and Liberties and therefore desired an Ordinance according to the Tenor of an Act of their Common-council the night before Thanks was given them by the Commons whilst the Lords complained of the Tumults and desired a concurrence to suppress them and to prevent the like many of the People telling the Members of both Houses That if they had not a good Answer they would be there the next day with double the number By these Threats and Violence the Propositions formerly received were rejected and all thoughts of Peace laid aside Shortly after great numbers of Women resort to the House where the Commons sate with a Petition for Peace Troops of Horse were hereupon sent for who wound and kill several of the Women and disperse the rest Then special notice was taken of those Members who seemed most importunate and desirous of Peace and thereupon the late Covenant eagerly and severely pressed upon them By reason whereof and the other miscarriages whereby their freedom was absolutely taken from them divers of both Houses withdrew themselves And we must now appeal to all our fellow-Subjects of this Kingdom who have taken the Oaths of Allegiance and Supremacy who have any knowledge of the Rights Customs and Privileges of Parliament or of the Frame and Constitution of this Realm whether we or they have failed in our Duty to our King or Country and whether we have not in discharge of a good Conscience undergone the evils we have born And then we doubt not we shall not be thought less Members of Parliament though we are not at Westminster than if that City were in the possession of a Foreign Enemy Yet we confess the Place to be so material that if there were that Liberty and Freedom which is due to the Members and indeed is the life of Parliament the Act of those in the House being a lawful Act is the Act of the House though there were a greater number absent all who were of another opinion but in our case when we are by force driven away and by force kept away and when nothing can be said to justifie the Actions which are done but the Reputation and Number of the Actors we rely so much upon the understanding and honesty of our Country-men that they will believe when they see our concurrence and unanimity in Resolutions and Counsel for their Peace welfare and security as we are confident the number of those who concur in this Declaration is greater than hath concurred in most if not in any of those things of which we complain that it will be better for them to be advised by us at Oxford than by those at Westminster from whence we are absent only by reason of those Outrages and Violence offered to our Persons or our Consciences which takes away all Freedom and consequently all Authority from those Councils and where indeed these men ought not to undertake to act any thing till that Freedom and Liberty be restored to us who as long as this Parliament shall continue notwithstanding all the Votes of those who are guilty of Treason and Rebellion mustaccount our selves and shall be accounted by our Country the true and lawful Members of Parliament Having said thus much to undeceive our Brethren and that our fellow-Subjects may be no longer seduced to unlawful actions by colour and pretence of Parliament we shall briefly present to their view and consideration the danger and condition of His Majesty's Person His Honour and Rights the Religion and Liberty of the Kingdom the defence and maintenance of which those Persons with whom we cannot agree seem and pretend to undertake For their Care of the Honour and Safety of His Majesty's Person to the which we are so absolutely obliged and so solemnly sworn we shall need only to mention which we mention with great sadness of Heart and Horrour the taking by force His Majesty's Forts Towns Navy the assuming a power over the Militia of the Kingdom the denying his Majesty's Negative Voice the uncomely insolent and disloyal mentioning of His Majesty's Person the neglect contempt and violation of Leagues made by His Majesty with Foreign Princes in the Injuries and Affronts done to their publick Ministers and otherwise the transcendent presumption of sending Agents to Foreign Princes and in the Name of the States of England the traytourcus distinction between the Person of the King and His Office and declaring that an attempt upon His Life is not High-Treason which Doctrine is so much countenanced that Persons who have threatned to Kill the King having been complained of have been left unpunished and the Witnesses and Prosecutors threatned or discountenanced the raising an Army against Him and therewith giving Battle to His Person All which are known to be very unagreeable with the Affection Duty and Loyalty of Subjects and English-men Concerning Religion we cannot but with bleeding Hearts and trembling Souls consider the unheard-of Impieties and Prophanations exercised in Churches and Consecrated places the Countenance and licence given to scandalous debosh ignorant Lay-persons to Preach and exercise the Office of the Ministry the suppressing and cruel using and imprisoning in Gaols and on Ship-board Godly Learned Orthodox Divines famous and exemplary in their Lives and Doctrine the most eminent Assertors of the Protestant Religion against Popery and Innovations the scurrilous and scandalous reviling scoffing and suppressing the Book of Common-Prayer compiled by glorious Martyrs for the Protestant Religion established by Law and so long and so publickly used and acknowledged as an excellent and unparallel'd form of Devotion and Divine Service the suspending the execution of the Act of Parliament made in the first year of Queen Elizabeth of famous memory for Uniformity of Common-Prayer by an Order under the hand of a private Member of the House of Commons and that during the recess of both Houses the stirring up and inciting the People to Rebellion in Pulpits and which is the greatest Scandal and Reproach to the Protestant Religion that can be imagined the making Religion it self the ground and cause of Rebellion
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
Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traitors may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Kingdoms bear any Office or have any employment concerning the State or Commonwealth And also that the Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and not rendred themselves before the last of October 1644. may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Houses of Parliament bear any Office or have any employment concerning the State or Common-wealth And in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon by His Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament in Scotland respectively shall think fit 5. That by Act of Parliament all Judges and Officers towards the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any place of Judicature or Office towards the Law Common or Civil and that all Serjeants Councellors and Attourneys Doctors Advocates and Proctors of the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any practice in the Law Common or Civil either in publick or in private And that they and likewise all Bishops Clergy-men and other Ecclesiastical persons who have deserted the Parliament and adhered to the Enemies thereof shall not be capable of any preferment or imployment either in Church or Commonwealth without the advice and consent of both Houses of Parliament 6. The persons of all others to be free of all personal censure notwithstanding any Act or thing done in or concerning this War they taking the Covenant 7. The Estates of those persons excepted in the first three preceding qualifications to pay publick Debts and Damages 8. A third part in full value of the Estates of the persons made incapable of any imployment as aforesaid to be imployed for the payment of the publick Debts and Damages according to the Declaration 9. And likewise a tenth part of the Estates of all other Delinquents within the joynt Declarations And in case the Estates and proportions aforementioned shall not suffice for the payment of the publick engagements whereunto they are only to be employed that then a new proportion may be appointed by the joynt advice of both Kingdoms providing it exceed not the one moity of the Estates of the persons made incapable as aforesaid and that it exceed not a sixth part of the Estate of the other Delinquents 10. That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth 200 l. sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth 100 l. sterling be at liberty and discharged 11. That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and proportions before mentioned may be levied and applyed to the discharge of the said engagements XV. That by Act of Parliament the Subjects of the Kingdom of England may be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVI That an Act of Parliament be passed for the setling of the Admiralty and Forces at Sea and for the raising of such Moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVII An Act for the settling of all Forces both by Sea and Land in Commissioners to be nominated by both Houses of Parliament of persons of known Integrity and such as both Kingdoms may confide in for their faithfulness to Religion and the Peace of the Kingdoms of the House of Peers and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall die others to be nominated in their places by the said Houses Which Commissioners shall have power 1. To suppress any Forces raised without Authority of both Houses of Parliament or in the Intervals of Parliaments without consent of the said Commissioners to the disturbance of the publick Peace of the Kingdoms and to suppress any Foreign Forces that shall invade this Kingdom And that it shall be high Treason in any who shall levy any Force without such Authority or consent to the disturbance of the publick Peace of the Kingdoms any Commission under the great Seal or Warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be settled and to prevent all disturbance of the publick Peace that may rise by occasion of the late Troubles so for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and Vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned so for the Kingdom of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to do as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any troubles arising in the Kingdoms by breach of the said Articles and to hear and determine all differences that may occasion the same according to the Treaty and to do further accordingly as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of the Parliament in Scotland and in the Intervals of Parliaments from the Commissioners for the preservation of the publick Peace 3. To raise and joyn the Forces of both Kingdoms to resist all Foreign Invasion and to suppress any Forces raised within any of the Kingdoms to the disturbance of the publick Peace of the Kingdoms by any authority under the great Seal or other Warrant whatsoever without consent of both Houses of Parliament in England and the
considered your Propositions and finds it very difficult in respect they import so great an Alteration in Government both in Church and State to return a particular and positive Answer before a full debate wherein those Propositions and all the necessary Explanations and Reasons for assenting dissenting or qualifying and all inconveniences and mischiefs which may ensue and cannot otherwise be so well foreseen may be discussed and weighed His Majesty therefore proposeth and desireth as the best Expedient for Peace That you will appoint such a number of Persons as you shall think fit to Treat with the like number of Persons to be appointed by His Majesty upon the said Propositions and such other things as shall be proposed by His Majesty for the preservation and defence of the Protestant Religion with due regard to the ease of tender Consciences as His Majesty hath often offered the Rights of the Crown the Liberty and Property of the Subjects and the Privileges of Parliament and upon the whole matter to conclude a happy and blessed Peace Unto which Message this Answer of the 27. of December was returned to His Majesty May it please Your most Excellent Majesty VVE Your Majesty's humble and Loyal Subjects of both Kingdoms have considered of Your Majesty's Message of the 13. of December 1644. sent by the Duke of Richmond and the Earl of Southampton directed to the Lords and Commons assembled in the Parliament of England at Westminster and to the Commissioners of the Parliament of Scotland now at London and do in all humbleness return this Answer That we do consent there be a Treaty for a safe and well-grounded Peace but find that it will require some time to resolve concerning the Instructions and manner of that Treaty and therefore that Your Majesty might not be held in suspence touching our readiness to make use of any opportunity for attaining such a blessed and happy Peace in all Your Majesty's Dominions we would not stay Your Majesty's Messengers till we did resolve upon all those particulars which we will take into our serious consideration and present our humble desires to Your Majesty with all convenient speed Westminster the 20. of December 1644. Signed in the name and by warrant of the Commissioners of the Parliament of Scotland Lowdon Gray of Wark Speaker of the House of Peers pro tempore William Lenthal Speaker of the Commons House assembled in Parliament And afterwards upon the 18th of January following Sir Peter Killegrew brought this farther Answer to His Majesty May it please Your most Excellent Majesty VVE Your Majesty's humble and Loyal Subjects the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland do make our further Answer to Your Majesty's Message of the 13 th of December last 1644. concerning a Treaty for Peace as followeth We do consent that there be a Treaty for a safe and well-grounded Peace between Your Majesty and Your humble and Loyal Subjects assembled in the Parliament of both Kingdoms and for the present have appointed Algernon Earl of Northumberland Philip Earl of Pembrook and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew Edmund Prideaux for the Lords and Commons assembled in the Parliament of England at Westminster and John Earl of Lowdon Lord Chancellor of Scotland Archibald Marquefs of Argyle John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir John Smith Master Hugh Kennedy and Master Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion Who or any Ten of them there being always some of the Parliaments of both Kingdoms are appointed and authorized to meet at Vxbridge on what day Your Majesty shall be pleased to set down before the last day of this present January with such persons as Your Majesty shall appoint under Your Sign Manual for that purpose and the number of the persons to Treat not to exceed Seventeen on either part unless the persons named for the Estates of the Parliament of Scotland now not here or any of them shall come and then Your Majesty may have the like number if You please there to Treat upon the Matters contained in the Propositions we lately sent unto Your Majesty according to such Instructions as shall be given unto them and the Propositions for Religion the Militia and for Ireland to be first Treated on and agreed and the time for the Treaty upon the said Propositions for Religion the Militia and for Ireland not to exceed Twenty days And for the things mentioned in Your Message to be propounded by Your Majesty when the Persons sent by Your Majesty shall communicate the same to the Committees appointed by us as aforesaid we have directed them to send the same to us that they may receive our Instructions what to do therein And to the end that the Persons that are to be sent from Your Majesty and from us with their Retinue not exceeding the number of one hundred and eight on either part may repair to Vxbridge stay there and return at their pleasure without interruption that mutual safe Conducts be granted to the said Persons according to the several Lists of their Names Signed by Order of the Lords and Commons assembled in the Parliament of England at Westminster Signed in the name and by warrant of the Commissioners of the Kingdom of Scotland Lowdon Grey of Wark Speaker of the House of Peers pro tempore William Lenthall Speaker of the Commons House in the Parliament of England Whereunto His MAJESTY returned an Answer inclosed in a Letter from Prince Rupert to the Earl of Essex dated the 21 of January which Letter and Answer were as followeth The Letter My Lord I Am commanded by His Majesty to return this His Answer to the Message lately sent Him from the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland by Sir Peter Killegrew I have likewise sent your Lordship His Majesty's safe Conduct for the persons desired and also a List of the names of those His Majesty hath appointed to Treat for whom together with their Retinue His Majesty hath desired a safe Conduct The Answer inclosed HIS Majesty having received a Message by Sir Peter Killegrew from the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland concerning a Treaty returns this Answer That His Majesty doth very willing consent that there be a Treaty upon the Matters contained in the Propositions lately sent unto Him in such manner as is proposed and at the place appointed in the said Message and to that purpose His Majesty will send the Duke of Richmond the Marquess of Hartford the Earl of
from His Majesty's Loyal Subjects assembled in the Parliaments of both His Kingdoms are mentioned to be sent to His Majesty from the Lords and Commons of Parliament assembled at Westminster and upon His Majesty's Answers Messages and Propositions to them and their Returns to His Majesty that a Treaty is to begin and wherein we also observe you have no Power thereby to Treat upon the Propositions sent to His Majesty from His humble and Loyal Subjects assembled in the Parliaments of both Kingdoms and the Answers Messages and Propositions sent from His Majesty to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland then at London and their Returns to His Majesty We desire those defects may be cleared and speedily amended The King's Commissioners Answer 31. January VVE conceive our Power being to Treat upon the Propositions brought by the Earl of Denbigh and others and those Propositions being sent from the Parliaments of both Kingdoms there need no mention of the Parliaments of both Kingdoms in that place but that our Power is ample to Treat with your Lordships upon the whole both by express words and by other general words in the Commission which give power to Treat upon those Propositions or any other which general words are not observed by your Lordships in your Paper and our Power is to Treat with the Lords and others authorized for the Estates of the Parliament of Scotland by name yet since you insist upon it it shall be altered by Tuesday next And in the mean time if your Lordships please we desire the Papers promised yesterday in the Paper delivered by the Earl of Northumberland may be delivered unto us that there may be as little loss of time as may be Their Reply 31. January IN Answer to your Lordships Paper concerning your power to Treat we are content to proceed in the Treaty with your Lordships in expectation that the Defects mentioned by us in our Paper shall be supplied by Tuesday next On Munday the third of February the King's Commissioners did deliver their Commission renewed as followeth CHARLES R. VVHereas certain Propositions were sent unto Us from the Lords and Commons assembled in the Parliament of England at Westminster and from the Commissioners of the Parliament of Scotland which were brought unto Us at Oxford in November last by the Earl of Denbigh and others and upon Our Answers c. as followeth verbatim in His Majesty's former Commission Touching the Manner of the Treaty The King's Commissioners Paper 31. January WE desire to the end there may be a greater freedom in debate which we conceive will much conduce to the happy conclusion of this Treaty that nothing may be understood to be concluded on either side but what is delivered in writing according as your Lordships have begun And we declare That what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off upon any other Proposition or part of any other Proposition Their Answer 31. Jan. WE shall deliver our demands and Answers in writing and desire your Lordships to do the like The King's Commissioners Reply 1. February WE desire a full Answer of our Paper that nothing shall be taken as agreed upon but what is put in writing and your Concurrence in declaring That what shall be delivered in writing upon any Proposition or upon any part of a Proposition shall not be binding or prejudicial to either Party if the Treaty break off Their further Answer 1. February ACcording to our former Paper we shall deliver our Demands and Answers in writing and we desire your Lordships to do the like and nothing shall be taken as agreed upon but what is put in writing And we shall acquaint the Houses of Parliament that you have declared what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off 3. February IN Answer to Your Lordships Paper formerly delivered we do declare that what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off upon any other Propositions or part of any Proposition Touching the Seditious Sermon The King's Commissioners Paper 31. January WE have certain Information from divers Persons present in Vxbridge Church yesterday that there was then a Sermon preached by one Mr. Love in which were many passages very Scandalous to His Majesty's Person and derogatory to His Honour stirring up the People against this Treaty and incensing them against us telling them That we come with hearts full of Blood and that there is as great distance between this Treaty and Peace as between Heaven and Hell or words to that effect with divers other Seditious passages both against His Majesty and this Treaty We know His Majesty's hearty desire of a happy and well-grounded Peace such as may be for Gods Honour and the good of all His Subjects as well as Himself and we that are entrusted by His Commission come with clear Intentions to serve Him in it according to our Consciences and the best of our Judgments And this being preached in your Quarters where we are now under safe Conduct we desire your Lordships to consider how much this may reflect upon our Safety how much it may prejudice and blast the blessed hopes of this Treaty and how just offence and distrust it may beget in His Majesty And therefore we desire Justice against the Man that he may have exemplary Punishment Their Answer 31. Jan. TO the Paper delivered in by your Lordships this day concerning the Information received of several Scandalous passages preached in a Sermon in Vxbridge Church by one Master Love we do return this Answer That the said Master Love is none of our Retinue nor came hither by any privity of ours That we conceive it most reasonable and agreeable to the business we are now upon that all just occasions of Offence on either part be avoided and as it hath been our desire so it shall be our endeavour to take the best care we can to prevent all prejudices upon the present Treaty which may blast the blessed hopes thereof or may beget any just offence and distrust in His Majesty and shall be as tender of the Safety of your Lordships Persons according to the safe Conduct as of our own We shall represent your Lordships Paper concerning this business if your Lordships so desire unto the Lords and Commons assembled in the Parliament of England who will proceed therein according to Justice The King's Commissioners Reply 1. February VVE insist upon our former desire concerning the Sermon preached by Mr. Love and must refer the way of doing Justice to your Lordships and if
we have offered so weighty Doubts and Considerations to your Lordships in this days Debate concerning several parts in the Bill for abolishing of Episcopacy your Lordships having confined and limited our Debate to that individual Bill as it is now penn'd not the consideration of abolishing Episcopacy in general that your Lordships cannot expect a positive Answer from us now being after eleven a clock at night touching that Bill But we shall be ready by the next day assigned for the Treaty upon this Argument to deliver our Opinions to your Lordships the which we shall be then the better able to do when we have found by the progress in our other Debates how far a blessed and a happy Peace is like to be advanced by our endeavouring to give your Lordships satisfaction in this particular This being the last of the three first days assigned for the Treaty upon Religion that Subject was again taken up the 11 th of February being the first of the second three days appointed for Religion And their Commissioners delivered this Paper 11. Feb. HAving received no satisfaction in the first three days appointed to Treat upon the Propositions for Religion we do now desire your Lordships clear and full Answer to our former Demand on this Subject that no farther time may be lost in a matter which doth so much concern the Glory of God the Honour of the King and the Peace and Happiness of His Kingdoms The King's Commissioners Answer 11. Feb. VVE gave your Lordships as much satisfaction in the first three days appointed to Treat upon the Propositions for Religion as in so short a time and upon so little information from your Lordships could reasonably be expected in a matter of so great and high importance And as we have given your Lordships already many Reasons concerning the Injustice and Inconveniency which would follow upon passing the Bill for abolishing Episcopacy according to your first Proposition so we are now ready by Conference to satisfie your Lordships why we conceive that the said Bill is not for the Glory of God or the Honour of the King and consequently cannot be for the Peace and Happiness of His Kingdoms And if your Lordships Reasons shall convince us in those particulars we shall willingly consent to what you desire if otherwise we shall offer to your Lordships our Consent to such other Alterations as we conceive may better contribute to the Reformation intended and such as may stand with the Glory of God and in truth be for the Honour of the King and the Peace and Happiness of His Kingdoms Their Reply 11. Feb. VVE have received no satisfaction from your Lordships concerning the Propositions delivered in by us for Religion in the name of the Parliaments of both Kingdoms not have you made appear unto us any Injustice or Inconveniency in the passing of the Bill for abolishing of Episcopacy And as it cannot be denied but the settling of Religion is a matter which doth highly concern the Glory of God the Honour of the King and the Peace and Happiness of his Kingdoms so do we desire your Lordships will grant those Demands which have been made unto you by us to that end and we are ready by present Conference to receive what your Lordships will offer upon any of those Propositions and to return that which may give your Lordships just satisfaction The King's Commissioners Answer 11. Feb. YOUR Lordships having expressed in your Paper of the first of February that there are other things touching Religion to be propounded by your Lordships to us we presume that by this time you may be enabled by your Instructions to propose the same and therefore we desire to receive them from your Lordships Which we hope your Lordships will think very reasonable when you consider how incongruous a thing it will appear to most Men to consent to real and substantial Alterations in the matter of Religion without having a view of the whole Alterations intended when at the same time there is mention of other Alterations Their Answer thereunto 11. Feb. WE shall deliver in very speedily that which remains with us touching Religion to be propounded unto your Lordships But we do desire as before your Lordships Answers unto our Demands in the same order that we have proposed them not conceiving it reasonable there should be any time spent in Debates or Answers upon what we shall hereafter offer till we have received satisfaction in our former Propositions which we desire may be speedily done lest otherwise the Treaty be retarded and the Expectation of both Kingdoms altogether frustrated Notwithstanding this they delivered in this further Answer 11. Feb. IN Answer to your Lordships Paper this day delivered to us we desire that His Majesty do give His Royal Assent to an Act of Parliament for the due Observation of the Lords Day and to the Bill for suppressing of Innovations in Churches and Chapels in and about the Worship of God c. and for the better advancement of the Preaching of God's Holy Word in all parts of this Kingdom and to the Bill against enjoying of Pluralities of Benefices by Spiritual persons and non-Residency And we shall in due time give in to your Lordships our Demands concerning Papists contained in the sixth seventh eighth ninth and tenth Propositions and for His Majesty's Assenting to an Act to be framed and agreed upon in both Houses of Parliament for the regulating and reforming of both Universities of the Colleges of Westminster Winchester and Eaton and for the Education and Marriage of His Majesty's Children and the Children of His Heirs and Successors in the true Protestant Religion as in the 21 Proposition Some part of the 11th and most part of the 12th of February was spent in Argument by Divines touching Episcopacy and the Presbyterial Government Afterwards their Commissioners gave in this Paper 12. Feb. THere having now been several days spent in debate upon the Propositions for Religion and all Objections alledged to the contrary either from Conscience Law or Reason being fully answered and the time allotted for that so important a part of the Treaty almost elapsed we should be wanting to the Trust reposed in us if we should not press and Expect as we now do a clear and positive Answer to those Demands concerning Religion which we have offered unto your Lordships from the Parliaments of both Kingdoms as most necessary for the settling of a safe and well-grounded Peace in all His Majesty's Dominions The King's Commissioners Answer 12. Feb. WE deny that the Objections alledged by us against the passing the for abolishing Episcopacy from Conscience Law or Reason have been fully answered by your Lordships or that indeed we have received any satisfaction from your Lordships in these particulars We have received no Information from your Lordships to satisfie us that Episcopacy is or hath been an impediment to a perfect Reformation to the growth of Religion or that it
approbation and consent of the Presbyters or the major part of them That competent maintenance and provision be established by Act of Parliament to such Vicarages as belong to Bishops Deans and Chapters out of the Impropriations and according to the value of those Impropriations of the several Parishes That for the time to come no Man shall be capable of two Parsonages or Vicarages with Cure of Souls That towards the settling of the publick Peace one hundred thousand pounds shall be raised by Act of Parliament out of the Estates of Bishops Deans and Chapters in such manner as shall be thought fit by the King and two Houses of Parliament without the Alienation of any of the said Lands That the Jurisdiction in Causes Testamentary Decimal Matrimonial be settled in such manner as shall seem most convenient by the King and two Houses of Parliament And likewise that one or more Acts of Parliament be passed for regulating of Visitations and against immoderate Fees in Ecclesiastical Courts and the abuses by frivolous Excommunications and all other abuses in the exercise of Ecclesiastical Jurisdiction in such manner as shall be agreed upon by His Majesty and both Houses of Parliament And if your Lordships shall insist upon any other thing which your Lordships shall think necessary for Reformation we shall very willingly apply our selves to the consideration thereof 13. February FOR the confirmation of the Ordinances concerning the Calling and Sitting of the Assembly of Divines and the taking the Covenant we conceive neither of them need be insisted on if the alterations of Church-Government be agreed upon between us and if they be not it will not be reasonable that we consent to those Ordinances And for the Covenant we cannot advise His Majesty to swear and sign the same nor consent that an Act of Parliament should pass for enjoyning the taking thereof by His Majesty's Subjects 13. February VVE do not yet conceive that the Directory for publick Worship delivered to us by your Lordships ought to be enacted or that it is so likely to procure and preserve the Peace of this Kingdom as the Liturgy or Common-Prayer-Book already established by Law against which we have not yet received from your Lordships any Objections which Liturgy as the same was compiled by many Learned and Reverend Divines of whom some dyed Martyrs for the Protestant Religion we conceive to be an Excellent Form for the Worship of God and hath been generally so held throughout this Kingdom till within these two or three years at the most And therefore since there are no Inconveniences pretended to arise from the Book of Common-Prayer to which we conceive the Directory is not more liable and since there is nothing commendable in the Directory which is not already in the Book of Common-Prayer we conceive it much better and more conducing to the Peace of this Kingdom still to observe the said Form with such Dispensations as we have expressed in our first Paper now presented to your Lordships and if there shall be any Alterations proposed by your Lordships of such particulars in the Book of Common-Prayer as good men are scrupled at we shall willingly endeavour to give your Lordships satisfaction in those particulars but as yet can make no further or other Answer than we have already done but shall be ready to receive such Objections as your Lordships shall think fit to make against the Book of Common-Prayer and your Reasons for introducing the Directory And for the Proposition concerning Church-Government annexed to your first Paper we have no Information how that Government shall be constituted in particular or what Jurisdiction shall be established or by whom it shall be granted or upon whom it shall depend And therein also we desire further Information from your Lordships 13. February VVE desire to see the Bills for the Observation of the Lord's day for suppressing of Innovations in Churches and Chapels and for the better advancement of the Preaching of God's Holy Word which are mentioned in your Lordships Paper of the 11. of Febr. we being very ready to consent to the subject Matter of those Bills We have expressed in our Paper delivered to your Lordships what we conceive fit to be done in the business of Pluralities which will prevent any inconveniences that way And when your Lordships shall give us your Demands concerning Papists and when we shall see the Acts for the regulating and reforming of both Universities of the Colleges of Westminster Winchester and Eaton and for the Education and Marriage of His Majesty's Children and the Children of His Heirs and Successors in the true Protestant Religion we shall give your Lordships such Answers as shall be fit being very willing to concur with your Lordships in any good means for the suppressing of Popery and advancement of the Protestant Religion And we are well assured that His Majesty hath taken a pious care for the Education of all His Children in the true Protestant Religion and having already married one of His Children to the satisfaction we conceive of all His good Subjects we are confident in due time His Majesty will so dispose of the rest in Marriage as shall be most for the advancement of Religion and the good and welfare of all His Dominions Their Answer to the First 13. February VVHereas we expected your Lordships resolution for His Majesty's assent unto the Bill for the utter Abolishing of Arch-Bishops Bishops c. we find by your Paper given in this Evening that your Lordships are not yet satisfied that the Bill should pass and you are pleased to express several Reasons and Objections against it which were at large answered and cleared at the publick Debate But what was then said by us is now by your Lordships wholly omitted nor may we in writing represent it again unto your Lordships it not being agreeable to the usage of Parliament to deliver Reasons for or against a Bill though we were willing by Conference in the Treaty to satisfy all doubts and remove all scruples which remained with you And so far were we from consenting that Episcopacy hath continued from the Apostles times by continual Succession that the contrary was made evident unto your Lordships and the Unlawfulness of it fully proved And as for that which your Lordships have propounded for uniting and reconciling all differences in the matter of Religion it is a new Proposition which wholly differs from ours is no way satisfactory to our desires nor consisting with that Reformation to which both Kingdoms are obliged by their solemn Covenant therefore we can give no other Answer to it but must insist to desire your Lordships that the Bill may be past and our other Demands concerning Religion granted The King's Commissioners Reply thereunto 13. February VVE conceive that our Answer to your Lordships concerning the Bill for the utter Abolishing of Arch-bishops Bishops c. was so reasonable that it clearly appears thereby that the passing that
offered any such particular Form of Government to us that may inable us to judge thereof and we cannot but observe that the Arguments produced to that purpose were only to prove the same not unlawful without offering to prove it absolutely necessary And therefore we conceive our Answer formerly given to your Lordships concerning that Bill and your Propositions concerning Religion is a just and reasonable Answer After the first three days of the Treaty spent upon the business of Religion according to the Order formerly prescribed the Propositions concerning the Militia were next Treated upon the three days following beginning the fourth of February and the same was after resumed the 14 th of February for other three days Their Propositions touching the Militia 4. February WE desire that by Act of Parliament the Subjects of the Kingdom of England may be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit We desire that an Act of Parliament be passed for the settling of the Admiralty and Forces at Sea and for the raising of such moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit An Act for the settling of all Forces by Sea and Land in Commissioners to be nominated by both Houses of Parliament of Persons of known Integrity and such as both Kingdoms may confide in for their faithfulness to the Religion and Peace of the Kingdom of the House of Peers and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall dye others to be nominated in their places by the said Houses Which Commissioners shall have power 1. To suppress any Forces raised without Authority of both Houses of Parliament or in the Intervals of Parliaments without consent of the said Commissioners to the disturbance of the publick Peace of these Kingdoms and to suppress any Foreign Forces that shall invade this Kingdom And that it shall be high Treason in any who shall levy any Forces without such Authority or consent to the disturbance of the Publick peace of the Kingdom any Commission under the great Seal or other Warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be setled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles So for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned So for the Kingdom of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to do as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any Troubles arising in the Kingdoms by breach of the said Articles and to hear and determine all differences that may occasion the same according to the Treaty and to do further according as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of Parliament in Scotland and in the Intervals of Parliaments from the Commissioners for the preservation of the publick Peace 3. To raise and joyn the Forces of both Kingdoms to resist all Foreign Invasion and to suppress any Forces raised within any of the Kingdoms to the disturbance of the publick Peace of the Kingdoms by any Authority under the great Seal or other Warrant whatsoever without consent of both Houses of Parliament in England and the Estates of the Parliament in Scotland or the said Commissioners of that Kingdom whereof they are Subjects And that in those Cases of joynt Concernment to both Kingdoms the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdoms We desire that the Militia of the City of London may be in the ordering and government of the Lord Mayor Aldermen and Commons in Common-Councel assembled or such as they shall from time to time appoint whereof the Lord Mayor and Sheriffs for the time being to be three And that the Militia of the Parishes without London and the Liberties within the Weekly Bills of Mortality may be under the command of the Lord Mayor Aldermen and Commons in Common-Councel of the said City to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament We desire that the Tower of London may be in the government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Councel And that the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent and that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future After these Propositions made the King's Commissioners for their Information concerning these Propositions gave in several Papers The King's Commissioners Paper 4. February VVE conceive the Propositions delivered by your Lordships concerning the Militia import very great Alterations in the main foundation of the Frame of Government of this Kingdom taking by express words or by necessary consequence the whole Military and Civil power out of the Crown without any limitation in Time or reparation proposed Therefore we desire to know for what term you intend the Militia shall be settled in such manner as may be a reasonable and full Security which we are ready and desirous to give to preserve the Peace now to be settled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles For the better doing whereof we are ready by Conference to satisfie your Lordships in any particulars Their Answer 4. February OUR Paper given in to your Lordships concerning the Militia doth not contain the Alterations mentioned in your Lordships Answer but desires that which by the Wisdom of the Parliaments of both Kingdoms is judged necessary at this time for the security of His Majesty's Kingdoms and preservation of the Peace now to be settled and until your Lordships shall declare an Assent unto the matter therein expressed we conceive it will not
be seasonable to give any Answer concerning the Time And we are ready to confer with your Lordships upon what shall be offered by you to our Paper concerning the Militia formerly delivered The King's Commissioners Reply 4. February VVE are of opinion that the Propositions in your Lordships Paper contain the Alterations mentioned in the Paper we lately delivered to your Lordships and take by express words or necessary consequence the whole Military and Civil Power out of the Crown which Alterations we are ready to make appear in Debate And the Alterations being so great we have reason to desire to know the limitation of Time the consideration of which makes the Propositions more or less reasonable The King's Commissioners second Paper 4. Feb. VVE desire to know who the Commissioners shall be in whose hands the Forces by Sea and Land shall be entrusted and whether you intend His Majesty shall be obliged to consent to such Persons or whether He may except against them and name others in their places of known affection to Religion and Peace Their Answer 4. February THE Commissioners in whose hands the Forces by Sea and Land shall be entrusted are to be nominated for England by both the Houses of the Parliament of England and for Scotland by the Estates of the Parliament of Scotland as is expressed in our Paper formerly delivered to your Lordships concerning the Militia The King's Commissioners Reply 4. Feb. VVE desire a full Answer to our Paper concerning the Persons to be entrusted with the Militia it being very necessary to know the Persons before consent can be given to the matter and whether His Majesty may except against any such persons and nominate others in their rooms against whom there can be no just exception The King's Commissioners third Paper 4. Feb. VVE desire to know whether your Lordships intend that the Militia of the City of London shall be independent and not subordinate to those Commissioners in whose hands the Forces by Sea and Land shall be entrusted Their Answer 4. Feb. IT appears by the Propositions concerning the Militia of the City of London that the same is to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament The King's Commissioners Reply 4. February WE desire an Answer to our Paper concerning the Militia of the City of London whether the same shall be subordinate to the Commissioners in whose hands the Forces by Sea and Land are to be intrusted your Lordships Answer that the same is to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament which yet doth not appear by the Propositions being no Answer to the Question The King's Commissioners Paper 5. Feb. HAving with great diligence perused your Lordships Paper concerning the Militia and being very desirous to come to as speedy a conclusion in that Argument as we can we will be ready to morrow to give your Lordships our full Answer which we are confident will give your Lordships satisfaction concerning the matter of the Militia of this Kingdom The King's Commissioners Paper in Answer to the Propositions concerning the Militia 6. February TO suppress any Forces that may be raised to the disturbance of the publick Peace of the Kingdom or that shall invade this Kingdom and to preserve the Peace now to be settled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles and that His Majesty and all His People may be secured from the Jealousies and Apprehensions they may have of Danger we do consent that all the Forces of the Kingdom both by Sea and Land shall be put into the hands of Persons of known faithfulness to the Religion and Peace of the Kingdom in such manner and for such time as hereafter mentioned That the number of those Persons be Twenty or if that be not accepted by your Lordships such greater or lesser number as shall be agreed upon between us and that His Majesty may name half the persons to be so entrusted and the two Houses the other half That such Forts and Towns in which Garrisons have been before these Troubles and such other as shall be agreed upon between us to be necessary for a time to be kept as Garrisons shall be entrusted likewise to persons to be chosen by the Commissioners or the major part of them to be subordinate to the said Commissioners and to receive orders from them and no others And all other places which have been fortified since the beginning of these Troubles shall be left as they were before and the Fortifications and Works slighted and demolished and all Forces with all possible expedition to be disbanded that the Kingdom may be eased of that intolerable burthen That an Act of Parliament shall be passed for the raising of such Moneys for the maintenance of the Navy and Sea-Forces as His Majesty and both Houses shall think fit That when any of the said Commissioners shall dye who was nominated by His Majesty His Majesty shall name another and when any shall dye of those named by the two Houses another shall be chosen by them and in the Intervals of Parliament by the major part of the said Commissioners named by the two Houses and neither the one nor the other to be removed but by the joynt consent of His Majesty and both Houses except it shall be desired by your Lordships that His Majesty and the two Houses respectively may remove the respective persons named by them as often as they shall see occasion to which if it shall be insisted on we shall consent These Commissioners or the major part of them or such other number of them as shall be aggreed upon shall have Power by Act of Parliament to suppress any Forces raised sitting a Parliament without the joynt consent of His Majesty and both Houses of Parliament or in the Intervals of Parliament without consent of the said Commissioners or the major part of them to the disturbance of the publick Peace of the Kingdom and to suppress any Forces that shall invade the Kingdom And it shall be high Treason in any who shall levy any Forces without such Authority or consent to the disturbance of the publick Peace That they shall have like Power to preserve the Peace now to be settled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles And if any Forces shall be brought into the Kingdom without the joynt Consent of the King and the two Houses of Parliament it shall be lawful for any four of the said Commissioners to levy Forces for the supppressing resisting and destroying of the said Forces so brought in We are content that this Power to such Persons shall continue for the space of three years which we doubt not but by the blessing of God will be abundantly sufficient to secure all Persons from their Doubts and Fears and in which
upon the other and the one upon the Government of the other and concerning some other Passages having relation to the Militia Which would be intricate if they should be set down in the order of time as they were delivered And because sometimes divers Papers were delivered together therefore they are here placed according to their distinct matters And first touching the Nomination of Persons and Limitation of the Time The King's Commissioners delivered in this Paper 14. Feb. IF your Lordships are not satisfied with the Papers delivered to your Lordships by us on the 6 th of February concerning the Militia as far as the same concerns this Kingdom we desire according to your Lordships offer in your first and second Paper delivered to us the sixth of February that your Lordships will satisfie us of the Reasonableness of your Demands and that the nominating of the Persons ought to be by the two Houses only and that the time ought not to be limited Their Answer 14. Feb. BY your Lordships Paper received this day we apprehend your desire to proceed in the Treaty upon the Propositions for the Militia as far as the same concerns this Kingdom without any mention of the Kingdom of Scotland In Answer whereunto we refer your Lordships to a former Paper of the 6 th of February instant whereby we desired your full and clear Answer to our Propositions for the Militia of both Kingdoms in order as we have delivered them and as they do relate to both Kingdoms and that we could not Treat upon your Lordships Answer which divides them We still insist on that Paper and when your Lordships shall be pleased to give an Answer thereunto we shall be ready to clear any Doubts which may remain with your Lordships The Kings Commissioners Reply 14. February WE do desire to proceed in the Treaty upon the Propositions for the Militia as the same concerns both Kingdoms joyntly as well as either of them severally neither is the contrary expressed as we conceive in the Paper delivered by us to your Lordships this day But we cannot reasonably answer to them as they concern one or both Kingdoms before we receive satisfaction from your Lordships of the Reasonableness of your Demands which your Lordships were pleased to promise us by two of your Papers of the sixth of February and which we again desire of your Lordships concerning the Persons and the Time conceiving it unreasonable that all the Persons shall be nominated only by the Houses and that the Time should be unlimited Their Answer 15. Feb. VVE have formerly desired your Lordships Answer to the Propositions for the Militia in order as we delivered them and as they do relate to both Kingdoms and not to give any Answer which shall divide them Yet we observe in the matter of your Lordships third Paper yesterday received that you desire satisfaction in the particulars there mentioned as the same concern the Kingdom of England only in pursuance of a former Paper given in by your Lordships the 6 th of February We therefore again desire as formerly that such Answer as your Lordships shall think fit to make to our Propositions concerning the Militia may be applyed to both Kingdoms joyntly and then we shall be ready by Conference to clear any Objections which your Lordships shall make against the Reasonableness of our Demands The King's Commissioners Paper 15 February WE desire that your Lordships will satisfie us of the Reasonableness of your Demands concerning the settling the Militia of both Kingdoms and that the nominating of the Persons ought to be by the two Houses of Parliament and the like for the Kingdom of Scotland and that the Time ought not to be limited Their Paper 15. February YOUR Lordships Demand in your 4. Paper being made concerning the Militia of both Kingdoms we are ready upon Conference to give satisfaction to what your Lordships shall object against the nominating of the Commissioners by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively or against the Time for which the Militia is demanded in the Propositions After some time spent in Conference for Limiting the Time wherein the Debate was touching the unreasonableness of the Demand for taking from the King the Power of the Militia and settling it in Commissioners to be nominated by the two Houses not limited to any Time the Kings Commissioners gave in this Paper 15. Feb. WE desire to know whether your Lordships can by your Instructions consent to a limitation of Time in the settling the Militia or whether you must insist that the Time be unlimited Their Answer 17. Feb. IN Answer to your sixth Paper of the 15 th of this instant concerning the limitation of time in the settling of the Militia we do insist That the Time be unlimited according to our former Demands The King's Commissioners Reply 17. February AFter so long Debate between us concerning the limitation of Time in the settling of the Militia in which we conceived your Lordships had been satisfied that as it is no way necessary for the security of the observation and performance of the present Agreement that the Time should be unlimited so in respect of other considerations it may be very mischievous that it should be unlimited we had great reason to desire to know whether your Lordships had any power by your Instructions to consent to a limitation of Time and are sorry that your Lordships will not give us an Answer to that Question that thereupon we might have endeavoured to have given your Lordships other satisfaction than by not knowing your power therein we are enabled to do Their Paper 17. Feb. WE conceived that after so long a Debate between us your Lordships would have been satisfied that it was most fit concerning the settling the Militia for the Time to be unlimited as we have formerly desired and which by our Instructions we are to insist upon They also delivered in this Paper 17. Feb. WE desire a full and clear Answer to what we have delivered to your Lordships concerning the Militia and to know whether your Lordships be limited by any Instructions or Directions what to grant or deny in the same and that we may have a sight of such Instructions or Directions Their Answer 17. Feb. VVE do herewith deliver to your Lordships such a full and clear Answer to your Propositions concerning the Militia as we hope will give your Lordships satisfaction being such as upon the Conference and Information we have received from your Lordships seems to us to be most reasonable It appeareth by our Commission whereof your Lordships have a Copy that it hath not any reference to any Instructions It is true that as we have according to our Duty from time to time acquainted His Majesty with our proceedings so in some particular cases we have desired to be assisted with His Majesty's Opinion but what Answers we
have therein received from His Majesty we conceive it not proper for us to communicate to your Lordships nor have we any warrant so to do Their Reply 17. Feb. VVE again desire of your Lordships to know whether you be limited by any Instructions or Directions what to grant or deny unto us concerning the Militia and that we may have a sight of such Instructions or Directions and which we conceive your Lordships in Justice and Reason cannot deny seeing by your Papers and Debates your insisted that it was just and reasonable for us to let you know whether we had any power by our Instructions to consent to a limitation of Time which we did accordingly And your Lordships seventh Paper this day delivered gives no Answer or satisfaction to our former Demand herein The King's Commissioners Answer 17. Feb. VVE conceive it was just and reasonable for us to demand of your Lordships whether you had power by your Instructions to consent to a limitation of Time concerning the Militia because the Time is left indefinite and not expressed in the Propositions And your Lordships Commission which gives you power to Treat relating to Instructions they are thereby part of your Power and yet your Lordships to that our Demand have given no other Answer than That by your Instructions you were to insist to have the Time unlimited but have not answered whether you had power to consent to a limitation of Time And we desire your Lordships to remember that formerly upon our desire to see your Instructions that thereby we might see what Power was granted to you by your Paper of the last of January your Lordships did answer it was that for which you had no warrant and it appearing to your Lordships that our Commission hath no reference to Instructions we conceive that your Lordships cannot expect any other Answer than we have already given to your Lordships Demand touching any Instructions or Directions to us what to deny or consent to grant in the Militia assuring your Lordships that we shall not deny but willingly consent to grant whatsoever shall be therein requisite for a full security for observing the Articles of the Treaty or otherwise agreeable to Justice or Reason Touching the Power which should be given to the Commissioners for the Militia The King's Commissioners Paper 14. Feb. VVE desire to know what Authority the Commissioners nominated by the Estates of the Parliament of Scotland are to have in the Militia of this Kingdom and what influence the Orders and Advice from the Estates of the Parliament there shall have upon this Kingdom and how far the same is to be consented or submitted to here Their Answer 14. Feb. YOur Lordships Desire expressed in your second Paper this day may be fully satisfied by the Propositions concerning the Militia where the Authority of the Commissioners to be nominated is clearly expressed both in cases of several and of joynt concernment of the Kingdoms and if upon perusal thereof any Doubts shall occur to your Lordships we are ready by Conference to clear the same The King's Commissioners Paper 15. Feb. VVE do not conceive that the Authority of the Commissioners of both Kingdoms and in both Kingdoms is clearly expressed in your Lordships Propositions and therefore we desire to be informed whether your Lordships intend that the Commissioners of Scotland shall have any Power in the setling of all Forces by Sea and Land in this Kingdom and what Authority they shall have Their Paper 15. Feb. WE do conceive that the Authority of the Commissions of both Kingdoms and in both Kingdoms is clearly expressed in our Propositions by which it doth appear how they are to act as several or as joynt Commissioners And if your Lordships shall propound any Objections against our Propositions concerning the Militia of both Kingdoms we are ready upon Conference to give your Lordships satisfaction The King's Commissioners Paper 15. Feb. WE desire to know whether in that part of the Proposition wherein the Commissioners of both Kingdoms are appointed to meet as a joynt Committee and to receive Instructions in the Intervals of Parliament from the Commissioners for the preservation of the publick Peace your Lordships mean the Commissioners to be nominated according to these Propositions or the Commissioners intended by the Act of Pacification or what other Commissioners and what Jurisdiction you intend the said Commissioners of both Kingdoms shall have by the power given them to hear and determine all differences that may occasion the breach of the Articles of the Peace according to the Treaty and by what Law they shall proceed to hear and determine the same Their Answer 15. Feb. WE intend that the Commissioners are to be nominated according to the Propositions and are to proceed in such manner as is therein expressed and if your Lordships shall make any Objections hereupon we are ready by Conference to give you satisfaction Their further Answer 15. Feb. FOR further answer to your Lorships second Paper we conceive that the matter of the Jurisdiction to be exercised by the Commissioners is expressed in the Proposition and for the manner of exercising that Jurisdiction and by what Law they shall proceed to hear and determine the same are to be settled by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively The King's Commissioners Paper 15. Feb. VVE desire to receive a perfect and full Answer from your Lordships to our first and * second Papers delivered by us this morning to your Lordships and whether your Lordships intend that the Commissioners of Scotland shall have any Power and Authority in the settling of all Forces by Sea and Land in this Kingdom and what Authority they shall have and whether the Advice or Orders of the Estates of the Parliament of Scotland shall have any influence upon the affairs of this Kingdom or the Commissioners to be named according to these Propositions otherwise than as the said Advice or Orders shall be approved and confirmed by the two Houses of Parliament of England and what Jurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of Peace and by what Law or Rule they shall proceed try and judge in the hearing and determining the same And it is most necessary for us to desire satisfaction from your Lordships to these particulars in writing since the Answer we shall give to your Lordships upon so much of your Propositions will very much depend upon our clear understanding your Lordships in these particulars it being agreed between us that nothing shall be binding or taken as agreed upon but what shall be in writing on either part Their Answer 17. Feb. VVE conceive there is a full Answer already given by us in several Papers of the 14. of this instant to the former parts of your Paper delivered in on the 15. day and to
the latter part what Jurisdiction the Commissioners shall have who may determine all differences that shall be by breach of the Articles of Peace and by what Law and Rule they shall proceed to hear and determine the same is clearly set down in our further Answer of the 15. of this instant to your second Paper delivered in to us the day before The King's Commissioners Answer thereunto 17. Feb. VVE had great reason to desire a perfect and full Answer from your Lordships to our first and second Papers delivered by us to your Lordships on the 15. of Feb. and we desire your Lordships to consider how difficult a thing it is for us to give your Lordships a satisfactory Answer to your Propositions as they relate to either or both Kingdoms or to the Power of the Commissioners of both Kingdoms as they are to be a joynt Committee to hear and determine all differences according to Instructions from both Houses of Parliament of England or the Estates of the Parliament of Scotland before your Lordships are pleased to inform us whether you intend the Commissioners of Scotland shall have any Power or Authority in the settling all Forces by Sea and Land in this Kingdom and what Authority they shall have and whether the Advice Instructions or Orders of the Estates of the Parliament of Scotland shall have any influence upon the affairs of this Kingdom or the Commissioners to be named according to those Propositions otherwise than as the said Advice Instructions or Orders shall be approved and confirmed by the two Houses of Parliament of England and what Jurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of the Peace and by what Law or Rule they shall proceed try and judge in the hearing and determining the same In all which particulars we are very sorry that we can receive no Answers from your Lordships for want whereof we may fail in giving your Lordships so satisfactory Answers to your Propositions as otherwise we might be enabled to do Their Reply 17. Feb. IT is clearly expressed in our Propositions delivered to your Lordships that all Forces by Sea and Land in this Kingdom are to be settled by the two Houses of the Parliament of England and in the Kingdom of Scotland by the Estates of the Parliament there and we conceive that the Advice Instructions or Orders of either Kingdom are to have no influence upon the affairs of the other but such as is and shall be mutually agreed upon by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland and for the Jurisdiction of the Commissioners and by what Law or Rule they shall proceed we have given your Lordships a full and clear Answer thereunto in our 5. Paper of the 15. of February The King's Commissioners Paper 17. Feb. IN the twelfth Proposition your Lordships desire an Act to be passed for confirmation of the late Treaty for the settling of the Garrison of Berwick of the 29 of Novem. 1643. which relating to the business of the Militia we hold it necessary to see before we can make our full Answer upon the whole and desire it accordingly of your Lordships Their Answer 17. Feb. AS for what concerns the Act for Confirmation of the late Treaty and for setling the Garrison of Berwick it is not now to be Treated upon but is reserved to its proper time The King's Commissioners Paper 17. Feb. VVE desire to know whether by the joynt Power mentioned in your Lordships Propositions to be given to the Commissioners for both Kingdoms to preserve the Peace between the Kingdoms and the King and every one of them your Lordships do intend any other than Military power for suppressing Forces only which is expressed after in a distinct Clause by it self and if your Lordships do intend any further Power that your Lordships would declare the same in certainty and particular Their Answer 17. Feb. VVE conceive the Power of the Commissioners mentioned in the 17. Proposition is there fully expressed to preserve the Peace betwixt the Kingdoms to prevent the violation of it or any Troubles arising in the Kingdoms by breach of the Articles and to hear and determine all differences which may occasion the same according to the Treaty and to raise Forces to resist Foreign Invasion and suppress intestine Insurrections as is more at large set down in the Proposition to which we refer your Lordships The King's Commissioners Paper 17. Feb. VVE desire to know whether the Commissioners of both Kingdoms meeting as a joynt Committee the Commissioners of each Kingdom shall have a Negative Voice so as nothing can be done without their joynt consent in matters of joynt concernment and how and by whom it shall be decided what are cases of joynt concernment to both Kingdoms Their Answer 17. Feb. IN all matters of joynt concernment the Commissioners of both Kingdoms are to act joyntly and when they shall meet as a joynt Committee upon such matters of joynt concernment the Commissioners of each Kingdom are to have a Negative Voice and in doubtful cases not expressed in the 17. Proposition to be of joynt concernment where the Commissioners cannot agree whether or no they be of joynt concernment they are to represent them to the two Houses of Parliament of England and the Estates of the Parliament of Scotland respectively to be by them determined if they be sitting and in the Intervals of Parliament if the cases be such as cannot without prejudice to both or either Kingdom admit of delay we conceive the Commissioners of each Kingdom are to act severally and to be accomptable for it to the two Houses of Parliament of England and the Estates of the Parliament of Scotland respectively at their next sitting The King's Commissioners Paper 17. Feb. VVE desire to know whether by the Propositions for settling the Forces in Commissioners to be nominated by both Houses of Parliament such as both Kingdoms may confide in your Lordships do intend that the Estates of the Parliament of Scotland shall approve or except against the Commissioners to be nominated for the Kingdom of England both at present and from time to time as the Commissioners shall dye or be removed or altered Their Answer 17. Feb. VVE conceive it to be plain by the Proposition it self that the Commissioners of both Kingdoms are respectively to be nominated by the Parliaments of either Kingdom and neither Parliament hath power to except against or approve the persons chosen by the other and we are confident there will be no cause of exception but who are chosen by either will be such as both may confide in The King's Commissioners Paper 14. Feb. VVE desire to know whether your Lordships intend by your Proposition concerning the settling of the Admiralty of Scotland by Act of Parliament to alter the inheritance of any person which is
already settled by the Laws of that Kingdom Their Answer thereunto 15. February TO your Lordships fourth Paper of the 14. of Feb. it is answered that by our Propositions for settling the Admiralty of Scotland by Act of Parliament it is intended that the Admiralty and Forces at Sea c. shall be settled in such manner as the Estates of Parliament there shall think fittest for the safety and security of that Kingdom And as touching the inheritance of any person which is already settled by the Laws of that Kingdom the Estates of Parliament will do that which is agreeable to Justice The King's Commissioners Paper 15. February VVE desire to know whether the Papers delivered to us touching the Militia contain all your Lordships Propositions touching the Militia of England and Scotland and if they do not that your Lordships will deliver the rest that we may make our Answers upon the whole Their Answer 15. Feb. VVHatsoever is contained in the Propositions concerning the Militia of England and Scotland is delivered in to your Lordships except the 23. Proposition and the last Article in the 26. Proposition which are reserved for their proper place After all these passages the King's Commissioners delivered in this Paper in further Answer to their Propositions concerning the Militia 17. Feb. VVE had no purpose in our Answer delivered by us to your Lordships on the sixth day of February to divide our Answers concerning the Militia of the two Kingdoms otherwise than in point of time and till we might receive satisfaction from your Lordships concerning the Powers to be given to the Commissioners of both Kingdoms and the other particulars mentioned in our Papers since delivered to your Lordships wherein we are not as yet satisfied by any Papers delivered by your Lordships to us Our further Answer to those Propositions concerning the Militia is That we are willing and do agree that the like course shall be taken and observed touching the Militia of the Kingdom of Scotland as is offered in our said Paper of the sixth of February and as shall be hereafter agreed on for the Kingdom of England which we conceive to be a full security for the performance and observation of all Articles which shall be agreed upon between us in order to a blessed Peace which we are so desirous may be punctually and exactly observed that we are willing that His Majesty be desired to take a most solemn strict Oath for the full observation thereof and likewise that all persons of any immediate trust by office or attendance on His Majesty and any other whom you shall think fit shall take such Oath for the due observance of the same with such reasonable Penalties as shall be proposed by your Lordships and agreed to by us in which we believe we shall not differ with your Lordships being willing that whosoever shall in the least degree infringe the Agreement which shall be made between us may be looked upon and accounted as most pernicious Enemies to King and Kingdoms And if it shall be thought necessary to make any additional settlement of the Militia with a general reference to the good of the Kingdoms respectively we desire the same may be done after the Peace established by the joynt consent of His Majesty and the two Houses of Parliament in England and His Majesty and the Estates of the Parliament of Scotland respectively And as we shall desire and endeavour to remove all occasions that may interrupt the Peace and Tranquillity of that Kingdom and a perfect Amity with them and shall not desire any change of or to intermeddle in their Laws or Government or give them cause to apprehend any disturbance or violation of them from this Kingdom so are we obliged with all tenderness to preserve the Honour Dignity and Constitution of this Realm And therefore as we are yet satisfied we cannot consent that any Persons authorized by the Estates of the Parliament of Scotland or any advice from thence shall have any influence upon the Militia of this Kingdom or further interpose in the affairs of this Kingdom than is already provided by the Act of Pacification And we offer to your Lordships considerations whether unless there could be an union of the Laws of both Kingdoms such a mixture of Power as is now proposed and the influence thereof both upon Martial and Civil affairs may not prove very inconvenient and prejudicial to both Kingdoms and give cause of Jealousies to each other to the disturbance of that mutual Amity so much desired But if this intermingling of Power in both Kingdoms shall be further insisted on by your Lordships we propound that the same may be settled as after a Peace established shall be agreed by the joynt consent of His Majesty and both Houses of Parliament of England and of His Majesty and the Estates of the Parliament of Scotland and if your Lordships shall insist on any thing further for necessary Security we shall apply our selves to the consideration thereof if we shall have further time so to do according to our desires grounded upon His Majesty's Letter Their Paper 17. Feb. WE do conceive that we have in our former Papers punctually satisfied your Lordships in all you desired to know concerning the Powers of the Commissioners of both Kingdoms and the other particulars mentioned by your Lordships And what your Lordships now offer concerning the Militia of the Kingdom of Scotland that the like course shall be taken in it as is expressed in your Lordships Paper of the 6 th of Feb. to be observed for the Militia of this Kingdom your Lordships may remember that in our Answer to that Paper we told your Lordships it was differing from what we had proposed and unsatisfactory to our just and necessary desires for securing the Peace of the Kingdoms and it cannot be expected that what was so then for the Kingdom of England should now be thought other for the Kingdom of Scotland And though both Kingdoms be now united in the same Cause and labouring under the same Dangers and therefore necessitated to a mutual and reciprocal Assistance of each other had proposed a joynt remedy and security by that Commission desired in our 17 th Proposition we find your Lordships say that as yet you are satisfied you cannot consent unto it To which we answer That we believed we had given your Lordships such convincing Reasons as might have satisfied you and we doubt not but they may if you will recollect your memories concerning them and rightly weight them This being the last day we are to Treat upon this Subject it cannot be expected and as we conceive it is altogether needless to use any more Arguments we do therefore desire your Lordships will be pleased now at the last to give us your full and positive Answer to our Demands as we have often already pressed your Lordships And whereas your Lordships do propound that if we shall further insist upon the
His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively and not otherwise At the same time the Scotch Commissioners from themselves apart delivered in this Paper signed by their own Secretary only all the other Papers being signed by two Secretaries for the English and Scotch Commissioners 21. Feb. VVE the Commissioners of the Parliament of Scotland do declare that our Consent to the Paper given in this day concerning the limitation of the Power of the Militia in Commissioners according to the 17 th Proposition to continue for seven years from the time of the passing of the Act for the Militia and after the expiration of that term to be settled in such manner as shall be agreed upon by His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively and not otherwise is to be understood as followeth That we will represent the same to the Estates of the Parliament of Scotland or their Committees to which we are confident they will assent as that which is conceived to conduce to a happy Agreement and settling of a firm and blessed Peace The King's Commissioners Answer 22. Feb. VVE have hitherto conceived that this Treaty hath been betwixt us that are appointed Commissioners by His Majesty and your Lordships the Commissioners from the two Houses of the Parliament of England and your Lordships the Commissioners of the Parliament of Scotland joyntly and not severally But finding that your Lordships the Commissioners of the Parliament of Scotland have delivered to us a distinct Paper signed only by your Secretary of the twentieth of Feb. concerning the Militia and that not concurring with the other joynt Paper delivered and subscribed by both your Secretaries upon that Subject that day we desire to know whether the Commissioners of the Parliament of Scotland have a negative voice or have not power to conclude without farther power to be granted from the Estates of the Parliament of Scotland and expect in this Treaty to be severally Treated with And after your Lordships Answer to this Paper we shall be able to give your Lordships a farther Answer to your joynt Paper of the 20 th of February Their paper 122. Feb. THE Treaty is betwixt us that are the Commissioners of the Parliaments of both Kingdoms joyntly and not severally and your Lordships the Commissioners from His Majesty and the Commissioners of the Parliament of Scotland did joyn with the Committees of the two Houses of the Parliament of England in giving in the other joynt Paper concerning the Militia delivered yesterday subscribed by both Secretaries But seeing it contains an alteration limiting the time to seven years which in the former Propositions agreed to by both Parliaments is indefinite they did declare that they are confident the Parliament of Scotland will assent thereto and they have shewed your Lordships sufficient Power to conclude any thing by them agreed unto The King's Commissioners Paper 22. Feb. WE cannot rest satisfied with your Lordships Answer to our Paper delivered to you this day concerning your Lordships the Commissioners of the Parliament of Scotland it being indeed but a repetition of your Lordships Paper and no Answer to ours thereupon and it being very necessary for us to know whether the Commissioners of the Parliament of Scotland have a negative voice and whether they have not power to conclude without farther powers to be granted from the Estates of the Parliament of Scotland Upon the Answer to which we must the rather insist because your Lordships last Paper gives the reason of the distinct Paper delivered to us from the Commissioners of the Parliament of Scotland to be because the limitation of Time now offered differs from the Propositions agreed on by both Parliaments in which the Time is indefinite which seems to us to intimate that your Lordships who are the Commissioners from the Parliament of Scotland have not power to consent to any alteration from the said Proposition without first acquainting the Parliament of Scotland although the other joynt Paper delivered upon that Subject be signed by both your Secretaries and thereby it is evident that it much concerns us to know whether the said Commissioners have a negative voice in this Treaty For the matter of your Lordships Paper concerning the limitation of time for the Militia to seven years it is not possible by reason of this shortness of time for the Treaty it being ten of the clock this night when your Paper was delivered to give your Lordships a full Answer it being necessary for us to receive satisfaction from your Lordships in writing or by Conference whether by the words and not otherwise your Lordships intend that after the expiration of the time limited His Majesty shall not exercise the Legal Power which He now hath over the Militia before the same be agreed upon by His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively For which resolution and debate we heartily wish the time were sufficient being very willing to give your Lordships all reasonable satisfaction And therefore we do propose to your Lordships that if the Treaty may not now continue it may be adjourned for such time as you shall think fit and not totally dissolved but again resumed which we propose as the best Expedient now left us for the procuring of a blessed Peace and by it the preservation of this now miserable Kingdom from utter Ruine and Desolation After this about two of the clock the next morning they gave this Paper following which is here mentioned to be delivered upon their breaking up the Treaty and intended for an Answer to the Paper of the 17. of February n o 129. Their Paper 22. Feb. VVE conceive if your Lordships would weigh our Demands concerning the Power of the Commissioners of both Kingdoms you will be satisfied with our Answers to your several Questions Where any Doubts were of the expressions we did explain them and where the Propositions were so clear as they could bear no doubtful sense we did refer your Lordships to the Propositions themselves And we conceive our Demands concerning the Militia to be most reasonable and all Objections made against them to be by us removed And why your Lordships should insist that the Commissioners should not be nominated by the two Houses only and His Majesty who is to be equally secured should name none we much marvel at when you may well consider this Power was not to be exercised by the Commissioners until a Peace had been concluded upon this Treaty and then His Majesty had been fully secured by the Laws of the Kingdom and by the Duties and Affections of His Subjects neither could the Commissioners do any thing in violation of the Peace to the prejudice of His Majesty contrary to
Act of Parliament the Deputy or chief Governour or other Governours of Ireland be nominated by both Houses of the Parliament of England or in the Intervals of Parliament by the said Commissioners to continue during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the said Commissioners to be approved or disallowed by both Houses at their next sitting and that the Judges of both Benches and of the Exchequer in Ireland be nominated by both Houses of Parliament to continue quamdiu bene se gesserint and in the Intervals of Parliament by the aforesaid Commissioners to be approved or disallowed by both Houses at their next sitting Together with these last Propositions they delivered the Treaty of the sixth of August 1642. and the Ordinance of the 11 th of April therein mentioned together with another of the 9 th of March which see in the Appendix N o 7 and 8. The Kings Commissioners Paper 9. February WE desire to know what your Lordships intend or expect by those Words in your first Paper concerning Ireland and His Majesty to assist since you propose to have the prosecution of the War of Ireland to be setled in both Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms Their Answer 9. Feb. BY the words in our Paper concerning Ireland and His Majesty to assist we conceive is to be understood the giving of His Royal Assent to such Acts of Parliament as shall be presented unto him by both Houses for raising of Moneys from the Subject and for other things necessary to the prosecution of the War in Ireland and to be further aiding by his Power and Countenance in whatsoever shall be requisite for the better carrying on of that War The King's Commissioners Paper 10. Feb. WE conceive that His Majesty had and hath Power to make a Cessation in Ireland and having upon just grounds and for the good and safety of His Protestant Subjects there and for the preservation of that whole Kingdom consented to such a Cessation we desire to be informed by your Lordships how that Cessation can be declared void without a breach of Faith and Honour in His Majesty and we are ready by Conference particularly to inform your Lordships of the Motives which induced His Majesty to consent to that Cessation Their Answer 10. Feb. WE conceive that His Majesty had not Power to make the Cessation in Ireland nor had any just grounds to do the same and therefore we insist as in our former Paper That an Act of Parliament be passed to make void the Cessation of Ireland and conceive that His Majesty is bound in Honour and Justice to consent unto the same and we are ready to confer with your Lordships as is desired and to receive your Lordships full Answer to this and the other particulars expressed in our Paper concerning Ireland After long Debates in Conference which spent the greatest part of the day touching the Motives of that Cessation and the King's Power to make it His Majesties Commissioners delivered in this Paper 10. Feb. WE have received no satisfaction or information in your Lordships Debate to alter our opinion of his Majesties Power to make the Cessation in Ireland and having carefully perused and considered the Statute alledged by your Lordships we cannot find any particular clause in that Statute neither have your Lordships mentioned any though often desired by us so to do whereby His Majesties Power to make a Cessation there is taken away and therefore we are still of opinion that His Majesty had full Power to make and consent to that Cessation And we conceive that we have given your Lordships an account of very just grounds to induce His Majesty to do the same it appearing to His Majesty by the Letters and Advice from the Lords Justices and Council of that Kingdom and of the Officers of His Majesties Army there which we have read to your Lordships and of which Letters and Advices we now give Copies to your Lordships That his Majesties good Protestant Subjects of that Kingdom were in imminent danger to be over-run by the Rebels and His Army to be disbanded for want of necessary Supplies and that there was no such probable way for their Preservation as by making a Cessation Neither have your Lordships given us any satisfying Reasons against the making the said Cessation or made it appear to us that that Kingdom could have been preserved without a Cessation and therefore we cannot apprehend how His Majesty can with Justice and honour declare the same to be void We shall be ready against the next time assigned for the Treaty touching Ireland to give your Lordships a further Answer to your Propositions concerning that Argument the Treaty concerning Ireland of the sixth of August 1642. and the Ordinance of the 11. of April 1644. which we did never see till your Lordships delivered us Copies of them making so great an Alteration in the Government there that we cannot be prepared for the present to make a full Answer to those Propositions Their Answer 10. Feb. IT is very contrary to our expectation to find your Lordships unsatisfied after those Arguments and Reasons alledged by us that His Majesty had not Power to make the Cessation with the Rebels in Ireland and that upon the perusal of the Statute it appears not to you that His Majesty had no Power to make that Cessation it is strange to us your Lordships should forget all the other Arguments used by us from the Common-Law from other Proceedings in Parliament and Circumstances as this case stands on which we still insist and do affirm that His Majesty had no Power to make or consent to that Cessation we do not see any just grounds in the Copies of the Letters given us by your Lordships for His Majesties assenting to the Cessation nor do we know by whom those Letters were written We are therefore still clearly of opinion notwithstanding all your Lordships have alledged that it was unfit for His Majesty to agree unto that Cessation being destructive to His good Subjects and to the Protestant Religion there and only for the advantage of the Popish Rebels to the high Dishonour of God the Disservice of His Majesty and evident prejudice of His three Kingdoms We therefore again desire your Lordships full Answer to what we have delivered to you concerning Ireland The King's Commissioners Paper 10. Feb. WE have given your Lordships our Reasons why we are not satisfied with your Arguments that His Majesty had not Power to make the Cessation and as upon the perusal of the Statute we can find no ground for that Opinion so your Lordships in your whole Debate have not insisted or mentioned one clause in that Statute though often desired which makes it good neither have your Lordships given us any Argument from the Common-Law other than by telling us That it is against the Common-Law
Commissioners insisted no farther The Kings Commissioners Second Paper 19. Feb. BY the thirteenth Proposition it is demanded that an Act be passed to settle the Prosecution of the War of Ireland in both Houses of Parliament of England to be managed by the joynt advices of both Kingdoms We desire to know whether if the two Kingdoms shall not agree in their advice touching that War each have a negative Voice or whether the Scots Commander in chief of the Forces in Ireland may manage that War in such case according to his own discretion Their Answer 19. Feb. IN Answer to your Lordships second Paper the Prosecution of the War of Ireland is to be setled in the two Houses of the Parliament of England but is to be managed by a joynt Committee of both Kingdoms wherein the Committee of each Kingdom hath a negative Voice but in case of disagreement the Houses of Parliament of England may prosecute the War as they shall think fit observing the Treaty of the sixth of August 1642. between the two Houses and the Estates of the Parliament of Scotland and the Ordinance of the 11. of April 1644. delivered to your Lordships formerly The Kings Commissioners Third Paper 19. Feb. BY the twentieth Proposition in the Intervals of Parliament the Commissioners for the Militia have power to nominate the Lord Deputy of Ireland and other Officers and Judges there We desire to know whether that Power be limited to the Commissioners of both Kingdoms or only to the Commissioners for England and whether in such cases the Commissioners of Scotland shall vote as single Persons Their Answer 19. Feb. THe power of the Commissioners in the Intervals of Parliament to nominate the Lord Deputy of Ireland and other Officers and Judges there mentioned in the twentieth Proposition being no matters of joynt concernment is to be limited to the Commissioners of the Parliament of England wherein the Commissioners of Scotland are to vote as single Persons The Kings Commissioners Fourth Paper 19. Feb. THe Articles of the Treaty of the sixth of August giving Power to the Lieutenant of Ireland when the Scotish Army shall be joyned with his Army to give Instructions to the Scotish Commander in chief and the Orders of the two Houses of the 9. of March 1644. and the 11. of April 1644. appointing the General of the Scotish Forces in Ireland to command in chief over all the Forces as well British as Scots and both being desired to be Enacted we desire to know whether the Lieutenant of Ireland shall command the Scots Forces or whether the Scotish General shall command all Forces both British and Scots Their Answer 19. Feb. IN Answer to your Lordships fourth Paper we say that the Ordinances of the 9. of March and 11. of April 1644. were made when there was no Lieutenant of Ireland and when a Lieutenant shall be made with the Approbation of both Houses according to our former Demands in the seventeenth and twentieth Propositions it will be a fitting time to give further Answer to your Lordships The Kings Commissioners Reply 20. Feb. VVE desire a full Answer from your Lordships to our fourth Paper delivered to your Lordships yesterday concerning the Power of the Lord Lieutenant of Ireland and the General of the Scots Forces your Lordships having proposed to us that the Articles of the Treaty and the Ordinance of the 11. of April be enacted by His Majesty by one of which the General of the Scots Forces is to receive Instructions for the managing the War there from the Lieutenant of Ireland and by the other which is the later the General of the Scots Forces is to command in chief both the British and Scots Forces by which it seems the Lievtenant of that Kingdom is to have no Power in the prosecution of that War Their Answer 20. Feb. WE do insist upon our former Papers that the prosecution of the War in Ireland is to be settled in both Houses of Parliament and is to be managed by the joynt advice of both Kingdoms as in those Papers is set down and when a Lievtenant of Ireland shall be appointed as is expressed in the Propositions and it shall be necessary for the good of the service that he and the Commander in chief of the Scotish Army joyn the Commander of the Scotish Army shall receive Instructions from the Lord Lievtenant or Deputy or other who shall have the chief Government of the Kingdom for the time according to the Orders which shall be given by the Commissioners of both Kingdoms The King's Commissioners fifth Paper 19. February THe last part of the seventeenth Proposition gives power to the Commissioners for the Militia of both Kingdoms as a joynt Committee to order the War of Ireland according to the Ordinance of the 11. of April and to order the Militia and conserve the Peace of the Kingdom of Ireland and by that of the 11. of April the Earl of Leven being appointed Commander in chief over all the Forces as well British as Scots we desire to know whether he shall be subordinate to those Commissioners for the Militia and be obliged to observe such Orders as he shall receive from them Their Answer 19. Feb. THe Commissioners of the Militia desired by the seventeenth Proposition are to order the War of Ireland according to the Ordinance of the 11. of April and the Earl of Leven being by that Ordinance Commander in chief of the Forces there is obliged to observe such Orders as he shall receive from those Commissioners Their Commissioners likewise the same 19. of Feb. delivered in some Papers of Demands on their part Their Answer 19. Feb. WE desire that no Cessation of Arms or Peace in Ireland may be Treated upon or concluded without consent of both Houses of Parliament of England Another 19. Feb. WE desire to know whether any Peace or Cessation of Arms in Ireland be consented unto by His Majesty and for what time and whether any Commission be now on foot or other Authority given by His Majesty for that purpose The King's Commissioners Answer to both 20. February TO your Lordships sixth and seventh Papers delivered to us yesterday concerning any Peace or Cessation of Arms in Ireland your Lordships well know that long after the War begun in this Kingdom and the want of a Supply from hence that a Cessation hath been made with His Majesties consent and we conceive that the same expires in March next and we are confident there is no Peace made there But for the making a Peace or a farther Cessation we can give no farther Answer till we may know whether there may be a blessed Peace made in England since if the miserable Civil Wars shall continue in this Kingdom we cannot conceive it possible for His Majesty by Force to reduce the Kingdom of Ireland or to preserve His Protestant Subjects there without a Peace or Cessation Their Reply 20. Febr. WE conceive your Lordships have given
by Acts of Parliament for that War have been formerly diverted to other uses of which Money 100000 l. at one time was issued out for the payment of the Forces under the Earl of Essex And as to diverting the Forces provided for the reducing of Ireland though we conceived it ought not to be objected to His Majesty considering the Forces under the Command of the Lord Wharton raised for Ireland had been formerly diverted and imployd against Him in the War here in England yet it is evident they were not brought over till after the Cessation when they could no longer subsist there and that there was no present use for them and before those Forces brought over there was an attempt to bring the Scotish Forces in Ireland as likewise divers of the English Officers there into this Kingdom and since the Earl of Leven their General and divers Scotch Forces were actually brought over To the Allegations that many Persons of all sorts have forsaken the Kingdom rather than they would submit to that Cessation we know of none but it is manifest that divers who had left that Kingdom because they would have been famished if they had continued there since that Cessation have returned Touching the Committee sent into Ireland we have already answered they were not discountenanced by His Majesty in what they lawfully might do although they went without His Privity but conceive your Lordships will not insist that they should sit with the Privy-Council there and assume to themselves to advise and interpose as Privy-Councellors And we again deny the Subscriptions of the Officers of the Army was diverted by His Majesty and it is well known that some Officers apprehending upon some speeches that the drift in requiring Subscriptions was to engage the Army against His Majesty in detestation thereof upon those speeches rent the Book of Subscription in pieces For the diversion of the Moneys raised for that War if they had been since repaid the contrary whereof is credibly informed to His Majesty yet that present Diversion might be and we believe was a great means of the future Wants of that Kingdom which induced the Cessation As to the Lord Wharton's Commission we conceive we have already fully satisfied your Lordships the just Reasons thereof For the Letters whereof your Lordships had Copies we conceive that you being thereby satisfied of the Contents and that they came from the Lords Justices and Council there your Lordships need not doubt of the truth of the matter and for the Names of the single Persons subscribing we cannot conceive it is desired for any other purpose than to be made use of against such of them as should come into your Quarters you having not granted though desired that it shall not turn to their Prejudice if we should give in their Names Upon what hath been said it appears that His Majesties English Protestant Subjects in Ireland could not subsist without a Cessation and that the War there cannot be maintained or prosecuted to the subduing of the Rebels there during the continuance of this unnatural War here is evident to any man that shall consider that this Kingdom labouring in a War which imploys all the Force and Wealth at home cannot nor will spare considerable Supplies to send abroad or if it could yet whiles there are mutual Jealousies that there cannot be that concurrence in joynt Advices betwixt the King and the two Houses as will be necessary if that War be prosecuted and that His Majesty cannot condescend or your Lordships in reason expect His Majesty should by His Consent to Acts of Parliament for the managing of that War and raising moneys to that purpose put so great a Power into their hands who during these Troubles may if they will turn that Power against Him and it is apparent that the continuance of the War here must inevitably cause the continuance of the Miseries there and endanger the rending of that Kingdom from this Crown The Kings Commissioners other Paper 20. Feb. VVE do very much wonder that it doth not clearly appear to your Lordships that upon any difference between the Committees of both Kingdoms in the managing the War of Ireland in the manner proposed by your Lordships the War there must stand still or be dissolved for if the Ordinance of the 11th of April be by His Majesties Royal Assent made an Act of Parliament as your Lordships desire all the Forces of that Kingdom both British and Scotish are put under the absolute Command of the Earl of Leven the Scotish General and the managing the War committed wholly to the Committee of both Kingdoms without any reference to the two Houses of the Parliament of England by themselves so that whatsoever your Lordships say of your intentions that the the two Houses of Parliament here shall upon such difference manage the War which yet you say must be observing the Treaty of the 6th of August and the said Ordinance of the 11th of April it is very evident if that Ordinance should be made a Law the War must stand still or be dissolved upon difference of opinion between the Committee of both Kingdoms or else the Earl of Leven must carry on the War according to his discretion for he is in no degree bound to observe the Orders or Directions of the Houses of Parliament in England by themselves Neither doth the asking His Majesties Consent at all alter the Case from what we stated it to your Lordships in our Paper of the 20. of this Instant for we said then and we say still that if His Majesty should consent to what you propose He would devest himself of all his Royal Power in that Kingdom and reserve no Power or Authority in Himself over that War which is most necessary for His Kingly Office to do For your Lordships Expression when there shall be a Lieutenant of Ireland we presume your Lordships cannot but be informed that His Majesty hath made and we doubt not but you acknowledge he hath power to make the Lord Marquess of Ormond His Lieutenant of that Kingdom and who is very well able to manage and carry on that War in such manner as shall be thought necessary for the good of that Kingdom and there is no question but that the naming the Earl of Leven to be General to receive Orders only from the joynt Committee of both Kingdoms doth more take away the Power of the two Houses here than if he were a Native of this Kingdom and to obey the Orders of the two Houses And we conceive it evident that the giving the absolute Command of all Forces both British and Scotish to the Earl of Leven General of the Scotish Forces who is to manage the War according to the Directions of the joynt Committee of both Kingdoms doth not amount to less than to deliver the whole Kingdom of Ireland over into the hands of His Majesties Subjects of the Kingdom of Scotland and therefore we must ask
to the Committee of both Kingdoms and in case of Disagreement an Appeal lies to the two Houses of the Parliament of England in whom the power of prosecuting the War is to be settled And we must insist to desire that the Lord Lieutenant and the Judges in that Kingdom may be nominated by the two Houses of Parliament who have by sad experience to the great cost of this Kingdom expence of so much Treasure and Blood the loss of many thousand Lives there and almost of all that whole Kingdom from His Majesties Obedience and an inestimable prejudice to the true Protestant Religion found the ill consequence of a bad choice of Persons for those great places of Trust Therefore for His Majesties Honour the good of His Service the great Advantage it will be to the rest of His Majesties Dominions the great Comfort to all good Christians and even an acceptable Service to God himself for the attaining of so much good and the prevention of so much evil they desire to have the nomination of those great Officers that by a prudent and careful Election they may by providing for the good of that now miserable Kingdom discharge their Duty to God the King and their Countrey And certainly if it be necessary to reduce that Kingdom and that the Parliament of England be a faithful Council to his Majesty and fit to be trusted with the prosecution of that War which his Majesty was once pleased to put into their hands and they faithfully discharged their parts in it notwithstanding many practices to obstruct their proceedings as is set forth in several Declarations of Parliament then we say your Lordships need not think it unreasonable that His Majesty should ingage himself to pass such Acts as shall be presented to him for raising Moneys and other necessaries for that War for if the War be necessary as never War was more that which is necessary for the maintaining of it must be had and the Parliament that doth undertake and manage it must needs know what will be necessary and the People of England who have trusted them with their Purse will never begrudge what they make them lay out upon that occasion Nor need his Majesty fear the Parliament will press more upon the Subject then is fit in proportion to the occasion It is true that heretofore Persons about his Majesty have endeavoured and prevailed too much in possessing him against the Parliament for not giving away the Money of the Subject when his Majesty had desired it but never yet did his Majesty restrain them from it and we hope it will not be thought that this is a fit occasion to begin We are very glad to find that your Lordships are so sensible in your expressions of the Blood and Horrour of that Rebellion and it is without all question in His Majesties Power to do Justice upon it if your Lordships be willing that the Cessation and all Treaties with those bloody and unnatural Rebels be made void and that the prosecution of the War be settled in the two Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms and the King to assist and to do no Act to discountenance or molest them therein This we dare affirm to be more than a probable course for the remedying those mischiefs and preserving the remainder of His Majesties good Subjects there We cannot believe your Lordships will think it fit there can be any Agreement of Peace any respite from Hostility with such Creatures as are not fit to live no more than with Wolves or Tigers or any ravenous Beasts destroyers of mankind And we beseech you do not not think it must depend upon the condition of His Majesties other Kingdoms to revenge or not revenge God's Quarrel upon such perfiduous Enemies to the Gospel of Christ who have imbrued their hands in so much Protestant Blood but consider the Cessation that is made with them is for their advantage and rather a Protection then a Cessation of Acts of Hostility as if it had been all of their own contriving Arms Ammunition and all manner of Commodities may be brought unto them and they may furnish themselves during this Cessation and be assisted and protected in so doing that afterwards they may the better destroy the small remainder of his Majesties Protestant Subjects We beseech your Lordships in the bowels of Christian Charity and Compassion to so many poor Souls who must perish if the strength of that raging Adversary be not broken and in the Name of him who is the Prince of Peace who hates to be at Peace with such shedders of Blood give not your consents to the continuation of this Cessation of War in Ireland and less to the making of any Peace there till Justice have been fully executed upon the Actors of that accursed Rebellion Let not the Judgment of War within this Kingdom which God hath laid upon us for our Sins be encreased by so great a Sin as any Peace or Friendship with them whatsoever becomes of us if we must perish yet let us go to our Graves with that comfort that we have not made Peace with the Enemies of Christ yea even Enemies of mankind declared and unreconciled Enemies to our Religion and Nation let not our War be a hindrance to that War for we are sure that Peace will be a hindrance to our Peace We desire War there as much as we do Peace here for both we are willing to lay out our Estates our Lives and all that is dear unto us in this World and we have made Propositions unto your Lordships for both if you were pleased to agree unto them We can but look up to God Almighty beseech him to encline your hearts and casting our selves on him wait his good time for the return of our Prayers in settling a safe and happy Peace here and giving success to our Endeavours in the prosecution of the War of Ireland It had been used by the Commissioners during the Treaty that when Papers were delivered in of such length and so late at night that present particular Answers could not be given by agreement between themselves to accept the Answers the next day dated as of the day before although they were Treating of another Subject and these two last Papers concerning Ireland being of such great length and delivered about twelve of the clock at night when the Treaty in time was expiring so as no Answer could be given without such consent and agreement therefore the King's Commissioners delivered in this Paper 22. February YOur Lordships cannot expect a particular Answer from us this night to the two long Papers concerning Ireland delivered to us by your Lordships about twelve of the clock this night but since there are many particulars in those Papers to which if they had been before mentioned we could have given your Lordships full satisfaction and for that we presume your Lordships are very willing to
at Our Court at Tavestock the 8 th of September 1644. The Bill for Abolishing Episcopacy VVHereas the Government of the Church of England by Arch-bishops Bishops their Chancellors and Commissaries Deans Deans and Chapters Arch-deacons and other Ecclesiastical Officers depending upon the Hierarchy hath by long experience been found to be a great impediment to the perfect Reformation and growth of Religion and very prejudicial to the Civil State and Government of the Kingdom Be it therefore Enacted by the King 's most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That from and after the fifth day of November in the year of our Lord One Thousand Six Hundred Forty and Three there shall be no Arch-bishop Bishop Chancellor or Commissary of any Arch-Bishop or Bishop nor any Dean Sub-dean Dean and Chapter or Arch deacon nor any Chancellor Chaunter Treasurer Sub-treasurer Succentor or Sacrist of any Cathedral or Collegiate Church nor any Prebendary Canon Canon-Residentiary Petty-Canon Vicar-Choral Choristers old Vicars or new Vicars of or within any Cathedral or Collegiate Church or any other their Officers within this Church of England or Dominion of Wales and that from and afrer the said fifth day of November the Name Title Dignity Jurisdiction Office and Function of Arch bishops Bishops their Chancellors and Commissaries Deans Sub-deans Deans and Chapters Arch-deacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Sub-treasurers Succentors and Sacrists and all Vicars-Choral and Choristers old Vicars and new Vicars and every of them and likewise the having using or exercising of any Power Jurisdiction Office or Authority by reason or colour of any such Name Title Dignity Office or Function within this Realm of England or Dominion of Wales shall thenceforth cease determine and become absolutely void and shall be abolished out of this Realm and the Dominion of Wales any Usage Law or Statute to the contrary in any wise notwithstanding And that from and after the said fifth day of November no Person or Persons whatsoever by Virtue of any Letters-Patents Commission or other Authority derived from the King's Majesty His Heirs or Successors shall use or exercise any Jurisdiction Ecclesiastical within this Realm or Dominion of Wales but such and in such manner as shall be appointed and established by Act of Parliament And that all Counties Palatine Mannors Lordships Castles Granges Messuages Mills Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parks Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be other than Impropriations Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were of or belonging unto any Arch-bishop Bishop Arch-bishoprick or Bishoprick or any of them or which they or any of them held or injoyed in right of their said Arch-bishoprick or Bishoprick respectively shall by the Authority of Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of the King's Majesty His Heirs and Successors and He shall have hold possess and enjoy the same to Him His Heirs and Successors without any Entry or other Act whatsoever and that the King's Majesty His Heirs and Successors His and their Lessees Farmers and Tenants shall hold and enjoy the same discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial means to all intents and purposes as any Arch-bishop or Bishop at any time or times within the space of two years last past held or enjoyed or of right ought to have held or enjoyed the same Provided nevertheless and be it enacted by the Authority aforesaid That all Leases Grants Gifts Letters-Patents Conveyances Assurances or Estates whatsoever hereafter to be made by the King's Majesty His Heirs or Successors of any the Mannors Lands Tenements Hereditaments which in or by this Act shall come or be limited or disposed of unto His Majesty His Heirs or Successors other than for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearly Rent or more shall be reserved and payable yearly during the said Term and whereof any former Lease is in being not to be expired surrendred or ended within three years after the making of any such new Lease shall be utterly void and of none effect to all intents constructions and purposes any clause or words of non obstante to be put in any such Patent Grant Conveyance or Assurance and any Law Usage Custom or any thing in this Act to the contrary in any wise notwithstanding And be it further Enacted and Ordained That all Impropriations Parsonages appropriate Tithes Oblations Obventions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were belonging unto any Arch-bishop or Bishop Arch-bishoprick or Bishoprick and all Mannors Castles Lordships Granges Messuages Mills Lands Tenements Meadows Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Rights of Patronage and Presentation Parks Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be which now are or lately were of or belonging to any Sub-dean Dean Dean and Chapter Arch-deacon Chaunter Chancellor Treasurer Sub-treasurer Succentor Sacrist Prebendary Canon Canon-Residentiary Petty-Canon Vicars Choral Choristers old Vicars and new Vicars or any of them or any of the Officers of them or any of them which they held or enjoyed in right of their said Dignities Churches Corporations Offices or Places respectively shall by Authority of this present Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire and they shall have hold possess and enjoy the same to them their Heirs and Assigns without any Entry or other Act whatsoever and that for themselves their Lessees Farmers and Tenants discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial manner to all intents and purposes as any of the Persons or Corporations whose Offices or Places are taken away by this Act at
agreed upon and every such Person or Persons so to be named shall have the like Power and Authority Freedom and acquital to all intents and purposes and also all such Wages and Allowances for the said service during the time of his or their Attendance as to any other of the said Persons in this Ordinance is by this Ordinance limited and appointed Provided always that this Ordinance or any thing therein contained shall not give unto the Persons aforesaid or any of them nor shall they in this Assembly assume to exercise any Jurisdiction Power or Authority Ecclesiastical whatsoever or any other Power than is herein particularly expressed The Votes or Orders delivered with it Die Mercurii 5. Julii 1643. ORdered by the Lords and Commons in Parliament assembled That it shall be propounded to the Assembly to morrow at their meeting to take into their Consideration the Ten first Articles of the 39. Articles of the Church of England to free and vindicate the Doctrine of them from all Aspersions and false Interpretations Jovis 6. Julii 1643. Some general Rules for the Assembly directed by the Lords and Commons in Parliament assembled 1. THat two Assessors be joyned to the Prolocutor to supply his place in case of Absence or Infirmity 2. Two Scribes to be appointed to set down all Proceedings and these to be Divines who are not Members of the Assembly viz. Mr. Henry Robrough and Mr. Adoniram Bifield 3. Every Member at his first entrance into the Assembly shall make a serious and solemn Protestation not to maintain any thing but what he believes to be Truth and to embrace Truth in sincerity when discovered to him 4. No Resolution to be given upon any Question on the same day wherein it is first Propounded 5. What any Man undertakes to prove as necessary he shall make good out of the Scriptures 6. No Man to proceed in any dispute after the Prolocutor hath enjoyned him silence unless the Assembly desire he may go on 7. No Man to be denied to enter his Dissent from the Assembly and his Reasons for it in any point after it hath first been debated in the Assembly and thence if the dissenting Party desire it to be sent to the Houses of Parliament by the Assembly not by any particular Man or Men in a private way when either House shall require it 8. All things agreed on and prepared for the Parliament to be openly read and allowed in the Assembly and then offered as the Judgement of the Assembly if the major part assent Provided that the Opinion of any Persons dissenting and the Reasons urged for it be annexed thereunto if the Dissenters require it together with the Solution if any were given in the Assembly to those Reasons Jovis 6. Julii 1643. I A. B. do seriously and solemnly in the presence of Almighty God that in this Assembly whereof I am a Member I will not maintain any thing in matters of Doctrine but what I think in my Conscience to be Truth or in point of Discipline but what I shall conceive to conduce most to the Glory of God and the good and Peace of his Church Veneris 15. Sept. 1643. ORdered by the Lords and Commons in Parliament assembled That it be referred to the Assembly of Divines to set forth a Declaration of the Reasons and Grounds that have induced the Assembly to give their Opinions that this Covenant may be taken in point of Conscience Eodem Die ORdered by the Lords and Commons in Parliament assembled That it be referred to the Committee formerly appointed to Treat with the Scotch Commissioners to Treat with them about the manner of taking the Covenant in both Kingdoms Mercurii 22. August 1643. ORdered by the Lords and Commons in Parliament assembled That it be propounded to the Assembly of Divines to consider of the Doctrine of the Nine next Articles of the 39 Articles of the Church of England to clear and vindicate the same from all Aspersions and false Interpretations The Articles of the sixth of August 1642. Articles of the Treaty concerning the Reducing of the Kingdom of Ireland to the Obedience of the Kings Majesty and Crown of England agreed upon between the Commissioners for Scotland authorized by his Majesty and the Parliament of that Kingdom and the Commissioners for England authorized by his Majesty and the Parliament of that Kingdom at Westminster the sixth day of August 1642. FIrst The Scotish Commissioners out of the sense of that Duty which the Kingdom of Scotland owes to His Majesty and the true Affection they bear towards the Kingdom of England being willing to contribute their best assistance for the speedy relief of those distressed parts in Ireland which lye nearest the Kingdom of Scotland have in the name of that Kingdom made offer of ten thousand Men to be imployed in that Service and for a further Testimony of their Zeal to His Majesties Service and Brotherly respect to the Kingdom of England have declared that the Kingdom of Scotland will upon their own Charge levy and transport these Men. Secondly Because the Kingdom of Scotland are to send over with their Army the number of Six thousand Muskets and Four thousand Pikes with such Cannon and Ammunition as shall be fitting for the service it is agreed that Four thousand Muskets and Two thousand Pikes shall be presently sent by the Kingdom of England into the Kingdom of Scotland and delivered at Leith as also that the residue of the said Ten thousand Arms and Ten thousand Swords and Belts shall be delivered there at the first of August next and that as many Cannon and Field-Pieces of the same Bore Weight and Metal shall be carried into Scotland upon their demand as they shall transport into Ireland for the service of that Kingdom and that the said whole Arms and Ammunition shall remain in Scotland until the return of the Scotish Army from Ireland at which time the same shall be restored to the Kingdom of England the Kingdom of Scotland receiving satisfaction for such of their Arms and Ammunition as shall be spent or lost in the service of Ireland As also that there shall be presently sent over from England and delivered to the Scotish Army in Ireland for the defence of the Province of Vlster six pieces of Demy-Cannon of the Ball of four and twenty pound weight with their Equipage Thirdly it is agreed That there shall be two Ships of War presently sent by the Kingdom of England to Lochryan Lamalach Port-Patrick or Air to guard and waft over the Scotish Soldiers and that the said Ships shall attend at the Ports in Ireland for serving the Scotish Army in going and returning betwixt the Coasts and keeping the Passages clear as they shall receive Orders from the chief Commanders of the Scotish Army for the time being according to Instructions received or to be received by the Master of these Ships from the Lord Admiral or Commissioners of the Admiralty for the time
being to that purpose Fourthly it is agreed That there shall be levied and furnished by the Kingdom of England Ten Troops of sufficient and well armed Horse-men consisting of sixty in a Troop besides the Officers and that there shall be a Commissary General a Serjeant-Major and a Quarter-master appointed over them which shall joyn and remain with the Body of the Scotish Foot and shall receive and obey the Orders and Instructions of the Commanders of the Scotish Army and that there shall be presently advanced the sum of Twelve hundred Pounds sterling for the levying of a Troop of one hundred Horsemen in Scotland besides the Officers to be a Guard to the General of the Scotish Army Fifthly it is agreed That the Commanders and Soldiers of the Scotish Army shall have such Pay respectively as the Commanders and Soldiers of the English Army have according to a List presently agreed upon by the Commissioners of both Kingdoms as also that the Officers of that Army shall have such allowance for their Wagons as is contained in the said List Sixthly it is agreed That the Towns and Castle of Carickfergus and Colrane shall be put into the hands of the Scotish Army to be places for their Magazines and Garrisons and to serve them for Retreat upon occasion and that the Magistrates and Inhabitants thereof shall be ordained to carry themselves to the Commanders of the said Army as is fitting and ordinary in such Cases and that the said Towns and Castle shall remain in the Scots hands until the War shall end or that they shall be discharged of that service Like as the Commissioners for the Kingdom of Scotland do promise in the Publick Faith of that Kingdom to re-deliver the said Towns and Castle to any having Commission from the King and Parliament of England as also the Commissioners for the Kingdom of England do promise in the name and on the Publick Faith of that Kingdom that Payment shall be made to the Kingdom of Scotland and their Army of all dues that shall arise upon this present Treaty and that when the Scotish Army imployed in the service of Ireland shall be discharged they shall be disbanded by Regiments and no lesser proportions and so many of them payed off as shall be disbanded and the residue kept in pay till they be disbanded Seventhly it is agreed That the Towns of Carick fergus and Colrane shall by the Kingdom of England be with all expedition provided with Victuals necessary for Soldiers either in Garrisons or Expeditions according to a List to be agreed on and subscribed by the Commissioners of both Kingdoms and that such quantities thereof as the Scotish Army shall have occasion to use shall be sold unto them and bought by them at the several Prices contained in the aforesaid List and also that the said Towns of Carickfergus and Colrane shall be provided by the Kingdom of England with Powder Ball Match and other Ammunition for the service of the said Army conform to the particular List to be condescended unto by both Commissioners and that Carts and Waggons shall be provided by the Kingdom of England for carrying of Ammunition for the use of the said Army in Marches as also that there shall be Gun-Smiths Carpenters and one or two Enginers appointed to attend the Army and that hand-Mills shall be provided to serve the Companies in Marches Eighthly it is agreed That the Kingdom of England shall deposite two thousand Pounds English Money in the hands of any to be appointed by the Scotish Commissioners to be disbursed upon accompt by warrant of the General of their Army upon Fortifications Intelligences and other Incidents so that there be not above the sum of two thousand Pounds in a year imprested upon these occasions without particular and special Warrant from the Parliament of England as also that there shall be deposited Two thousand and five hundred Pounds English to be disbursed upon Accompt for the providing of a thousand Horses for the Garriage of the Artillery the Baggage and Victual of their Army and for Dragooners upon occasion and likewise that the Scotish Army during the time of the War shall have power to take up such Horses in the Country as be necessary for the uses aforesaid Ninthly it is agreed That the Inhabitants of the Towns and Villages in the Province of Vlster and in any other Province of Ireland where the Scotish Army shall be by it self for the time shall receive Orders from the Scotish Commanders and shall bring in Victuals for Money in an orderly way as shall be directed by them with Provision of Oats Hay and Straw and such other Necessaries and that the Countrey People shall rise and concur with the Scotish Troops when the Commanders thereof shall find it for the good of the Service and shall receive Orders and Directions from the said Commanders of the Scotish Army Tenthly it is agreed That the said Ten thousand Men to be sent out of the Kingdom of Scotland shall go in the way and order of an Army under their own General and subaltern Officers and the Province of Vlster is appointed unto them wherein they shall first prosecute the War as in their Judgment they shall think most expedient for the Honour of the King and Crown of England and that the Commanders of the said Army shall have power to give Conditions to Towns Castles and Persons which shall render and submit themselves as shall be most expedient for the Service according to the course of War Provided no Toleration of the Popish Religion be granted nor any condition made touching or concerning any of the Rebels Lands and that the Commanders of the Scotish Army shall be answerable for their whole deportment and proceedings to His Majesty and the two Houses of the Parliament of England only but shall from time to time give an accompt thereof to His Majesty the two Houses of the Parliament of England and to the chief Governour or Governours of Ireland for the time being That such Towns and Places as shall be recovered from the Rebels by the Scotish Army shall be at the diposing of the Commanders thereof during their abode for that Service in those parts where such Towns and Places are And if it shall be found for the good of the Service that the Scotish Army shall joyn with the Kings Lieutenant of Ireland and his Army in that case the General of the Scotish Army shall only cede to the Kings Lieutenant of Ireland and receive in a free and honourable way Instructions from him or in his absence from the Lord Deputy or any other who shall have the chief Government of that Kingdom for the time by Authority derived from the Crown of England and shall precede all others and that he only shall give Orders to the Officers of his own Army and that the Armies shall have the right and left hand Van and Reare Charge and Retreat successively and shall not mix in
Quarterings nor Marchings and when it shall be found fit to send Troops out of either Army that the Persons to be sent out of the Scotish Army shall be commanded out by their own General the Lieutenant of Ireland prescribing the number which shall not exceed the fourth part of the whole Foot of the Scotish Army nor of the Horse appointed to joyn therewith whereunto they shall return when the Service is done And that no Officer of the Scotish Army shall be commanded by one of his own Quality and if the Commanders of the Troops so sent out of either Army be one of Quality that they command the Party by turns And it is nevertheless provided that the whole Scotish Army may be called out of the Province of Vlster and the Horses appointed to joyn with them by His Majesties Lieutenant of Ireland or other chief Governour or Governours of that Kingdom for the time being if he or they shall think fit before the Rebellion be totally suppressed therein Eleventhly it is agreed That the Scotish Army shall be entertained by the English for three Months from the twentieth of June last and so along after until they be discharged and that they shall have a Months Pay advanced when they are first mustered in Ireland and thereafter shall be duely paid from Month to Month and that there shall be one Muster-master appointed by the English Muster-master General to make strict and frequent Musters of the Scotish Army and that what Companies of Men shall be sent out of Scotland within the compass of the Ten thousand Men shall be paid upon their Musters in Ireland although they make not up compleat Regiments Twelfthly it is agreed That the Scotish Army shall receive their discharge from the King and Parliament of England or from such Persons as shall be appointed and authorized by His Majesty and both Houses of Parliament for that purpose and that there shall be a Months warning before-hand of their disbanding which said discharge and Months warning shall be made known by His Majesty and them to the Council of Scotland or the Lord Chancellor a Month before the discharging thereof and that the Common Souldiers of the Scotish at their dismission shall be allowed fourteen days Pay for carrying of them home Thirteenthly it is provided and agreed That at any time after the Three Months now agreed upon for the entertainment of the Scotish Army shall be expired and that the Two Houses of Parliament or such persons as shall be authorized by them shall give notice to the Council of Scotland or to the Lord Chancellor there that after one Month from such notice given the said Two Houses of Parliament will not pay the said Scotish Army now in Ireland any longer then the said Two Houses of Parliament shall not be obliged to pay the said Army any longer then during the said Month any thing in this Treaty contained to the contrary notwithstanding The Ordinances of the 9. of March and 11. of April Die Sabbati 9. Martii 1643-44 Resolved upon the Question by the Lords and Commons in Parliament assembled THat he who doth or shall command in chief over the said Army by joynt Advice of both Kingdoms shall also command the rest of the British Forces in Ireland and for the further managing of that War and prosecuting the Ends expressed in the Covenant that the same be done by joynt Advice with the Committees of both Kingdoms Die Jovis 11. April 1644. Resolved upon the Question by the Lords and Commons in Parliament assembled THat the Earl of Leven Lord General of the Scots Forces in Ireland being now by the Votes of both Houses agreed to be Commander in chief over all the Forces as well British as Scots according to the Fourth Article of the result of the Committees of both Kingdoms passed both Houses be desired with all convenient speed by the Advice of the said Committees to appoint and nominate a Commander in chief under his Excellency over the said Forces to reside with them upon the place Resolved c. THat Committees be nominated and appointed by the joynt Advice of both Kingdoms of such Numbers and Qualities as shall be by them agreed on to be sent with all convenient speed to reside with the said Forces and enabled with all ample Instructions by the joynt Advice of both Kingdoms for the Regulating of the said Forces and the better carrying on of that War The Letter of the Lords Justices and Council of Ireland to the Speaker of the House of Commons in England 4. April 1643. a Duplicate whereof the Original being sent to VVestminster was by them sent to Master Secretary Nicholas for His Majesty SIR OUR very good Lord the Lord Marquess of Ormond having in his March in his last Expedition consulted several times with the Commanders and Officers of the Army in a Council of War and so finding that subsistence could not be had abroad for the Men and Horses he had with him or for any considerable part of them it was resolved by them that his Lordship with those Forces should return hither which he did on the six and twentieth of March. In his return from Rosse which in the case our Forces stand he found so difficult to be taken in as although our Ordinance made a breach in their Walls it was found necessary to desert the Siege he was encountred by an Army of the Rebels consisting of about six thousand Foot and six hundred and fifty Horse well armed and horsed yet it pleased God so to disappoint their counsels and strength as with those small Forces which the Lord Marquess had with him being of fighting men about two thousand five hundred Foot and five hundred Horse not well armed and for the most part weakly horsed and those as well Men as Horses much weakned by lying in the Fields several Nights in much Cold and Rain and by want of Mans-meat and Horse-meat the Lord Marquess obtained a happy and glorious deliverance and Victory against those Rebels wherein were slain about three hundred of them and many of their Commanders and others of Quality and divers taken Prisoners and amongst those Prisoners Colonel Cullen a Native of this City who being a Colonel in France departed from thence and came hither to assist the Rebels and was Lieutenant-General of their Army in the Province of Leimster and the Rebels Army were totally routed and defeated and their Baggage and Munition seized on by His Majesties Forces who lodged that Night where they had gained the Victory and on our side about twenty slain in the fight and divers wounded We have great cause to praise God for magnifying his Goodness and Mercy to His Majesty and this His Kingdom so manifestly and indeed wonderfully in that Victory However the Joy due from us upon so happy an occasion is we confess mingled with very great Distraction here in the apprehension of our Unhappiness to be such as although the
Commissioners should have the Power but for seven years yet We should not have it after those seven years nor at any time unless they and We could agree in it so much would they have gained by this seeming compliance in point of limitation of this Power to a time though not to that time of three years which We proposed But they justifie the Reasonableness of it for whereas Our Commissioners in their Paper to which this of theirs is applied as an Answer tell them that if the time for this Power be unlimited We and Our Posterity shall for ever part with Our peculiar Regall Power of being able to resist Our Enemies or protect Our good Subjects and with that undoubted and never-denied Right of the Crown to make War and Peace or ever more to have Jurisdiction over Our own Navy and Fleet at Sea the Command thereof being also a part of this great Power to be given to these Commissioners they answer plainly They cannot admit of this peculiar Regall Power which Our Commissioners mention to reside in Vs concerning the Militia and to make Peace and War or that it is otherwise to be exercised then by Authority from Vs and both Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively We approve of their ingenuity that now at the breaking off of the Treaty they tell Us in plain terms what they mean Though the Common-Law-books and Records of Parliament have mentioned that the sole Power of protecting the Subjects belongs to the King and that He alone hath Power to make Peace and War though it hath been the language of former Parliaments even of the last Parliament and at the beginning of this Parliament That the Power of Peace and War is in the King but if He will have Money from His Subjects to maintain the Wars He must have their Consents and though the universal consent and common Opinion heretofore hath gone accordingly yet they cannot admit thereof as to have been Our Right for the Answer is made to the assertion concerning Our Right And not admitting it it seems their Oaths of Allegeance and Supremacy to defend Our Crown and Dignity and to assist and defend all Jurisdictions Priviledges and Authorities belonging to Us oblige them not And as they do not admit this Power in Right to have been in Us alone for the time past so neither will they admit it for the time to come in Us or Our Successors to be able to resist Our Enemies or protect Our Subjects or to make Peace or War but it must be by Authority from Vs and the two Houses and the Estates of the Parliament of Scotland respectively They are to be associated in these Regal Powers and the Scepter and the Sword may in Pictures or Statues but are not in deed to be in the Kings hand alone Upon these grounds We wonder not that they would have the Navy and Fleet at Sea to be put into the hands of their Commissioners for seven years as the Militia for the Land and after the seven years to be commanded in such manner as they and We should agree and not otherwise for the say the Reasons are the same for them as for the Militia by Land It is a principal means they say of their security and We cannot find they think themselves to have any security if We and Our Successors have any Power But if We will part with Our Power wholly unto them We and Our Posterity shall be fully secured by the Affections of Our Subjects that is by the Lords and Commons now at VVestminster who in their sense represent all the People who by themselves during the Parliament or when they shall please to make any Recesses by their Commissioners during the Intervals will free Us from the burthen of the Militia and of Our Navy and so of protecting Our Subjects and will save Us the Charge of Our Navy because it is to be principally maintained by the free gift of the Subject out of Tonnage and Poundage and other Impositions upon Merchandise And having taken this care for Our Security suitable to all their Actions these three years last past they say that for security of those who have been with Vs in the War an Act of Oblivion is desired to be passed whereby all Our Subjects would have been put in one and the same condition and under the same protection with some Exceptions mentioned in the Propositions We are not willing to mention those Exceptions by which not only most of Our best Subjects who have been with Us in the War according to their Duties by express or general terms are excepted but all the Estates of some of them and a great part of the Estates of the rest of them for that very cause because they were with Us in the War are to be forfeited As for securing them by an Act of Oblivion they have less cause to desire it than they who propose it as being more secured by the Conscience of doing their Duties and the protection of the known Common Law of the Land if it might take place than any protection under the two Houses or their Commissioners for the Militia yet we were not unwilling for the security of all Our Subjects to have assented to an Act of Oblivion being willing as much as in Us lies to have made up these Breaches and buried the memory of these unhappy Divisions It was urged by Our Commissioners that according to the literal sense of the Propositions in the Powers given to the Commissioners for the Militia That Sheriffs and Justices of Peace and other legal Ministers could not raise the Posse Comitatus or Forces to suppress Riots without being liable to the interpretation of the Commissioners To this they answer That this is no part of the Militia to be exercised by the Commissioners but in executing of Justice and legal Process nor can be intended to be any disturbance but for the preservation of the Peace We shall admit that to be their meaning but it being by the Propositions made Treason in any who shall levy any Forces without Authority or consent of the Commissioners to the disturbance of the publick Peace it is apparent that the Sheriffs or Justices of Peace if they raise any Forces to suppress any tumultuous Assembly which it is possible some of the Commissioners may countenance or for executing of other legal Acts may not only be liable to the interpretation of being disturbers of the Publick Peace but feel the punishment of it And whereas they say That the Power given by the Propositions to the Commissioners for the Militia of both Kingdoms as a joynt Committee for the hearing and determining Civil Actions and Differences cannot be extended further than preservation of the Articles of the Peace to be made We conceive that a Court being thereby allowed to them for the hearing and determining of Civil matters for the preservation of
both Kingdoms and endeavours to bring over more into both of them as also Forces from Foreign parts Your Majesty being in Arms in these parts and the Prince in the head of an Army in the West divers Towns made Garrisons and kept in Hostility by Your Majesty against the Parliament of England there being also Forces in Scotland against that Parliament and Kingdom by Your Majesties Commission the War in Ireland fomented and prolonged by Your Majesty whereby the three Kingdoms are brought near to utter Ruine and Destruction we conceive that until satisfaction and security be first given to both Your Kingdoms Your Majesties coming hither cannot be convenient nor by us assented unto neither can we apprehend it a means conducing to Peace that Your Majesty should come to Your Parliament for a few days with any thoughts of leaving it especially with intentions of returning to Hostility against it And we do observe That Your Majesty desires the Ingagement not only of Your Parliaments but of the Lord Mayor Aldermen Common-Councel and Militia of the City of London the chief Commanders of Sir Thomas Fairfax's Army and those of the Scots Army which is against the Priviledges and Honour of the Parliaments those being joyned with them who are subject and subordinate to their Authority That which Your Majesty against the Freedom of the Parliaments inforces in both Your Letters with many earnest expressions as if in no other way than that propounded by Your Majesty the Peace of Your Kingdoms could be established Your Majesty may please to remember that in our last Letter we did declare that Propositions from both Kingdoms were speedily to be sent to Your Majesty which we conceive to be the only way for the attaining a happy and well-grounded Peace and Your Majesties Assent unto those Propositions will be an effectual means for giving satisfaction and security to Your Kingdoms will assure a firm Union between the two Kingdoms as much desired by each for other as for themselves and settle Religion and secure the Peace of the Kingdom of Scotland whereof neither is so much as mentioned in Your Majesties Letter And in proceeding according to these just and necessary grounds for the putting an end to the bleeding Calamities of these Nations Your Majesty may have the glory to be a Principal Instrument in so happy a Work and we however mis-interpreted shall approve our selves to God and the World to be real and sincere in seeking a safe and well-grounded Peace Westminster 13. Jan. 1645. Grey of Wark Speaker of the House of Peers pro tempore VVilliam Lenthal Speaker of the House of Commons Signed in the Name and by warrant of the Commissioners of the Parliament of Scotland Balmerino His MAJESTIES Reply to the Answer of both Houses from Oxford Jan. 17. 1645-46 For 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 CHALLES R. HIS Majesty thinks not fit now to answer those Aspersions which are returned as Arguments for his not admittance to VVestminster for a Personal Treaty because it would inforce a Style not suitable to his End it being the Peace of these miserable Kingdoms yet thus much he cannot but say to those who have sent him this Answer That if they had considered what they had done themselves in occasioning the shedding of so much innocent Blood by withdrawing themselves from their Duty to him in a time when he had granted so much to his Subjects and in violating the known Laws of the Kingdom to draw an exorbitant Power to themselves over their fellow-Subjects to say no more to do as they have done they could not have given such a false Character of his Majesties Actions Wherefore his Majesty must now remember them that having some hours before his receiving of their last Paper of the 13. of Jan. sent another Message to them of the fifteenth wherein by divers particulars He inlargeth himself to shew the reality of his endeavours for Peace by his desired Personal Treaty which he still conceives to be the likeliest way to attain to that blessed End he thinks fit by this Message to call for an Answer to that and indeed to all the former For certainly no rational man can think their last Paper can be any Answer to his former Demands the scope of it being that because there is a War therefore there should be no Treaty for Peace And is it possible to expect that the Propositions mentioned should be the grounds of a lasting Peace when the Persons that send them will not endure to hear their own King speak But whatever the success hath been of his Majesties former Messages or how small soever his hopes are of a better considering the high strain of those who deal with his Majesty yet he will neither want Fatherly bowels to his Subjects in general nor will he forget that God hath appointed him for their King with whom he Treats Wherefore he now demands a speedy Answer to his last and former Messages Given at Our Court at Oxon this 17. of Jan. 1645. His MAJESTIES further Reply to the said Answer of both Houses Jan. 24. To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. THE procuring Peace to these Kingdoms by Treaty is so much desired by his Majesty that no unjust Aspersions whatsoever or any other Discouragements shall make him desist from doing his endeavour therein untill he shall see it altogether impossible and therefore hath thought fitting so far only to make Reply to that Paper or Answer which he hath received of the 13. of this instant Jan. as may take away those Objections which are made against his Majesties coming to VVestminster expecting still an Answer to his Messages of the 15. and 17. which he hopes by this time have begotten better thoughts and resolutions in the Members of both Houses And first therefore Whereas in the said last Paper it is objected as an impediment to his Majesties Personal Treaty that much innocent Blood hath been shed in this War by his Majesties Commissions c. He will not now dispute it being apparent to all the World by whom this Blood hath been spilt but rather presseth that there should be no more and to that end only he hath desired this Personal Treaty as judging it the most immediate means to abolish so many horrid Confusions in all his Kingdoms And it is no Argument to say That there shall be no such Personal Treaty because there have been Wars it being a strong inducement to have such a Treaty to put an end to the War Secondly That there should be no such Personal Treaty because some of his Irish Subjects have repaired to his Assistance in it seems an Argument altogether as strange as the other as
considering any thing contained in those Papers or Writings framed by the said Earl and those Commissioners with whom he Treated as he doth absolutely disavow him therein and hath given Commandment to the Lord Lieutenant and the Council there to proceed against the said Earl as one who either out of falseness presumption or folly hath so hazarded the blemishing of his Majesties Reputation with his good Subjects and so impertinently framed those Articles of his own head without the Consent Privity or Directions of his Majesty or the Lord Lieutenant or any of his Majesties Council there But true it is that for the necessary preservation of his Majesties Protestant Subjects in Ireland whose Case was daily represented unto him to be so desperate his Majesty had given Commission to the Lord Lieutenant to Treat and conclude such a Peace there as might be for the safety of that Crown the preservation of the Protestant Religion and no way derogatory to his own Honour and publick Professions But to the end that his Majesties real Intentions in this business of Ireland may be the more clearly understood and to give more ample satisfaction to both Houses of Parliament and the Commissioners of the Parliament of Scotland especially concerning his Majesties not being engaged in any Peace or Agreement there he doth desire if the two Houses shall admit of his Majesties repair to London for a Personal Treaty as was formerly proposed that speedy notice be given thereof to his Majesty and a Pass or safe Conduct with a Blank sent for a Messenger to be immediately dispatched into Ireland to prevent any accident that may happen to hinder his Majesties Resolution of leaving and managing of the business of Ireland wholly to the two Houses and to make no Peace there but with their Consent which in case it shall please God to bless His endeavours in the Treaty with success His Majesty doth hereby engage himself to do And for a further explanation of his Majesties Intentions in his former Messages he doth now Declare That if his Personal repair to London as aforesaid shall be admitted and a Peace thereon shall ensue he will then leave the Nomination of the Persons to be entrusted with the Militia wholly to his two Houses with such Power and Limitations as are expressed in the Paper delivered by his Majesties Commissioners at Vxbridge the 6. of Febr. 1644. for the term of seven years as hath been desired to begin immediately after the Conclusion of the Peace the disbanding of all Forces on both sides and the dismantling of the Garrisons erected since these present Troubles so as at the expiration of the time before mentioned the Power of the Militia shall entirely revert and remain as before And for their further security his Majesty the Peace succeeding will be content that pro hac vice the two Houses shall nominate the Admiral Officers of State and Judges to hold their places during Life or quamdiu se bene gesserint which shall be best liked to be accomptable to none but the King and the two Houses of Parliament As for matter of Religion his Majesty doth further Declare That by the Liberty offered in his Message of the 15. present for the ease of their Consciences who will not communicate in the Service already established by Act of Parliament in this Kingdom he intends that all other Protestants behaving themselves peaceably in and towards the Civil Government shall have the free exercise of their Religion according to their own way And for the total removing of all Fears and Jealousies His Majesty is willing to agree That upon the Conclusion of Peace there shall be a general act of Oblivion and Free Pardon past by Act of Parliament in both his Kingdoms respectively And lest it should be imagined that in the making these Propositions his Majesties Kingdom of Scotland and his Subjects there have been forgotten or neglected his Majesty Declares That what is here mentioned touching the Militia and the naming of Officers of State and Judges shall likewise extend to his Kingdom of Scotland And now his Majesty having so fully and clearly expressed his Intentions and Desires of making a happy and well-grounded Peace if any person shall decline that Happiness by opposing so apparent a way of attaining it he will sufficiently demonstrate to all the World his intention and design can be no other then the total subversion and change of the ancient and happy Government of this Kingdom under which the English Nation hath so long flourished Given at the Court at Oxford the 29. of January 1645. His MAJESTIES Message to both Houses from Oxford Feb. 26. 1641. For 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. HIS Majesty needs to make no excuse though he sent no more Messages unto you for he very well knows he ought not to do it if he either stood upon punctilioes of Honour or his own private Interest the one being already call'd in question by his often sending and the other assuredly prejudic'd if a Peace be concluded from that He hath already offer'd He having therein departed with many of his undoubted Rights But nothing being equally dear unto Him to the preservation of His People His Majesty passeth by many scruples neglects and delays and once more desires you to give Him a speedy Answer to His last Message For His Majesty believes it doth very well become Him after this very long Delay at last to utter His Impatience since that the Goods and Blood of His Subjects cries so much for Peace Given at the Court at Oxford the 26 th of Febr. 1645. His MAJESTIES Message to both Houses from Oxford March 23. 1645-46 For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster CHARLES R. NOtwithstanding the unexpected silence instead of Answer to His Majesties many and gracious Messages to both Houses whereby it may appear that they desire to attain their ends by Force rather than Treaty which may justly discourage His Majesty from any more Overtures of that kind yet His Majesty conceives He shall be much wanting to His Duty to God and in what He oweth to the Safety of His People if He should not intend to prevent the great inconveniences that may otherwise hinder a safe and well-grounded Peace His Majesty therefore now proposeth That so He may have the Faith of both Houses of Parliament for the preservation of His Honour Person and Estate and that liberty be given to all those who do and have adhered to His Majesty to go to their own Houses and there to live peaceably enjoying their Estates all Sequestrations being taken off without being compelled to take any Oath not enjoyned by the undoubted Laws of the Kingdom or being put to any other molestation whatsoever He will
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
of such late Members of either House of Parliament as sate in the unlawful Assembly at Oxford and shall not have 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 3. Branch That one full moiety of the Estates of such Persons late Members of either of the Houses of Parliament who have deserted the Parliament and adhered to the Enemies thereof and shall not have rendred themselves before the first of Decemb. 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 10. Qualification That a full third part on the value of the Estates of all Judges and Officers towards the Law Common or Civil and of all Serjeants Councellors and Attorneys Doctors Advocates and Proctors of the Law Common or Civil and of all Bishops Clergy-men Masters and Fellows of any Colledge or Hall in either of the Universities or elsewhere and of all Masters of Schools or Hospitals and of Ecclesiastical Persons who have deserted the Parliament and adhered to the Enemies thereof 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 That a full sixth part on the full value of the Estates of the Persons excepted in the sixth Qualification concerning such as have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof and are disabled according to the said Qualification to be taken and employed for the payment of the publick Debts and Damages of the Kingdom 11. Qualification That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth two hundred pounds Sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth one hundred pounds Sterling be at liberty and discharged 1. Branch This Proposition to stand as to the English and as to the Scots likewise if the Parliament of Scotland or their Commissioners shall so think fit 2. Branch That the first of May last is now the day limited for the persons to come in that are comprised within the former Qualification That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and Proportions before mentioned may be levied and applied to the discharge of the said Engagements The like for the Kingdom of Scotland if the Estates of Parliament or such as shall have power from them shall think fit XVII That an Act of Parliament be passed to declare and make void the Cessation of Ireland and all Treaties and Conclusions of Peace or any Articles thereupon with the Rebels without Consent of both Houses of Parliament and to settle the Prosecution of the War of Ireland in both Houses of the Parliament of England to be managed by them and the King to assist and to do no Act to discountenance or molest them therein That Reformation of Religion according to the Covenant be setled in the Kingdom of Ireland by Act of Parliament in such manner as both Houses of the Parliament of England have agreed or shall agree upon after Consultation had with the Assembly of Divines here That the Deputy or chief Governour or other Governours of Ireland and the Presidents of the several Provinces of that Kingdom be nominated by both the Houses of the Parliament of England or in the Intervals of Parliament by such Committees of both Houses of Parliament as both Houses of the Parliament of England shall nominate and appoint for that purpose and that the Chancellour or Lord Keeper Lord Treasurer Commissioners of the great Seal or Treasury Lord Warden of the Cinque-ports Chancellour of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of the Kingdoms of England and Ireland and the Vice-Treasurer and Treasurers at Wars of the Kingdom of Ireland be nominated by both Houses of the Parliament of England to continue quam diu se bene gesserint and in the Intervals of Parliament by the fore-mentioned Committees to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland concerning the nomination of the Lords of the Privy Council Lords of Session and Exchequer Officers of State and Justice General in such manner as the Estates of the Parliament there shall think fit XVIII That the Militia of the City of London and Liberties thereof may be in the ordering and government of the Lord Maior Aldermen and Commons in Common Council assembled or such as they shall from time to time appoint whereof the Lord Maior and Sheriffs for the time being to be three to be imployed and directed from time to time in such manner as shall be agreed on and appointed by both Houses of Parliament That no Citizen of the City of London nor any of the Forces of the said City shall be drawn forth or cempelled to go out of the said City or Liberties thereof for Military service without their own free Consent That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Misuser or Abuser That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Council And for prevention of inconveniences which may happen by the long intermission of Common-Councils it is desired that there may be an Act that all by-Laws and Ordinances already made or hereafter to be made by the Lord Maior Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating the same Common-Councils shall be as effectual in Law to all Intents and Purposes as if the same were particularly Enacted by the Authority of Parliament and that the Lord Maior Aldermen and Commons in Common-Council may add to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their further Safety Welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament XIX That all Grants Commissions Presentations Writs Process Proceedings and other things passed under the Great Seal of England in the custody of the Lords and other Commissioners appointed by both Houses of Parliament for the custody thereof be and by Act of Parliament with the Royal Assent shall be declared and Enacted to be of like full force and effect to all intents and purposes as the same or like Grants Commissions Presentations Writs Process Proceedings and
but even passing by that which he might well insist upon a Point of Honour in respect of his present Condition thus answers the first Proposition That upon his Majesties coming to London He will heartily joyn in all that shall concern the Honour of his two Kingdoms or the Assembly of the States of Scotland or of the Commissioners or Deputies of either Kingdom particularly in those things which are desired in that Proposition upon confidence that all of them respectively with the same Tenderness will look upon those things which concern his Majesties Honour In answer to all the Propositions concerning Religion his Majesty proposeth that he will confirm the Presbyterial Government the Assembly of Divines at VVestminster and the Directory for Three years being the time set down by the Two Houses so that his Majesty and his Houshold be not hindred from that Form of God's Service which they formerly have And also that a free Consultation and Debate be had with the Divines at VVestminster Twenty of his Majesties Nomination being added unto them whereby it may be determined by his Majesty and the Two Houses how the Church shall be governed after the said Three years or sooner if Differences may be agreed Touching the Covenant his Majesty is not yet therein satisfied and desires to respite his particular Answer thereunto until his coming to London because it being a matter of Conscience he cannot give a Resolution there in till he may be assisted with the Advice of some of his own Chaplains which hath hitherto been denied him and such other Divines as shall be most proper to inform him therein and then he will make clearly appear both his Zeal to the Protestant Profession and the Union of these two Kingdoms which he conceives to be the main drift of this Covenant To the Seventh and Eighth Propositions his Majesty will consent To the Ninth his Majesty doubts not but to give good satisfaction when he shall be particularly informed how the said Penalties shall be levied and disposed of To the Tenth his Majesties Answer is That he hath been always ready to prevent the practices of Papists and therefore is content to pass an Act of Parliament for that purpose and also that the Laws against them be duly executed His Majesty will give his Consent to the Act for the due Observation of the Lord's day for the suppressing of Innovations and those concerning the preaching of God's Word and touching Non-residence and Pluralities and his Majesty will yield to such Act or Acts as shall be requisite to raise moneys for the payment and satisfying all publick Debts expecting also that his will be therein included As to the Proposition touching the Militia though his Majesty cannot consent unto it in terminis as it is proposed because thereby he conceives he wholly parts with the power of the Sword entrusted to him by God and the Laws of the Land for the Protection and Government of his People thereby at once devesting himself and dis inheriting his Posterity of that Right and Prerogative of the Crown which is absolutely necessary to the Kingly Office and so weaken Monarchy in this Kingdom that little more than the Name and Shadow of it will remain yet if it be onely security for the preservation of the Peace of this Kingdom after the unhappy Troubles and the due performance of all the Agreements which are now to be concluded which is desired which his Majesty always understood to be the case and hopes that herein he is not mistaken his Majesty will give abundant satisfaction To which end he is willing by Act of Parliament That the whole power of the Militia both by Sea and Land for the space of Ten years be in the hands of such Persons as the Two Houses shall nominate giving them power during the said Term to change the said Persons and substitute others in their places at pleasure and afterwards to return to the proper Chanel again as it it was in the times of Queen Elizabeth and King James of blessed memory And now his Majesty conjures his two Houses of Parliament as they are English-men and lovers of Peace by the Duty they owe to his Majesty their King and by the bowels of Compassion they have to their fellow-Subjects that they will accept of this his Majesties Offer whereby the joyful News of Peace may be restored to this languishing Kingdom His Majesty will grant the like to the Kingdom of Scotland if it be desired and agree to all things that are propounded touching the conserving of Peace betwixt the two Kingdoms Touching Ireland other things being agreed His Majesty will give Satisfaction therein As to the mutual Declarations proposed to be established in both Kingdoms by Act of Parliament and the Modifications Qualifications and Branches which follow in the Propositions his Majesty onely professes that He doth not sufficiently understand nor is able to reconcile many things contained in them but this He well knoweth that a general Act of Oblivion is the best bond of Peace and that after Intestine Troubles the Wisdom of this and other Kingdoms hath usually and happily in all Ages granted general Pardons whereby the numerous discontentments of many Persons and Families otherwise exposed to ruine might not become fewel to new Disorders or seeds to future Troubles His Majesty therefore desires that His two Houses of Parliament would seriously descend into these Considerations and likewise tenderly look upon His condition herein and the perpetual dishonour that must cleave to Him if He shall thus abandon so many Persons of Condition and Fortune that have engaged themselves with and for him out of a sense of Duty and propounds as a very acceptable testimony of their Affection to him That a general Act of Oblivion and free Pardon be forthwith passed by Act of Parliament Touching the new Great Seal His Majesty is very willing to confirm both it and all the Acts done by virtue thereof until this present time so that it be not thereby pressed to make void those Acts of His done by virtue of his Great Seal which in Honour and Justice He is obliged to maintain and that the future Government thereof may be in His Majesty according to the due course of Law Concerning the Officers mentioned in the 19. Article His Majesty when He shall come to Westminster will gratifie His Parliament all that possibly He may without destroying the alterations which are necessary for the Crown His Majesty will willingly consent to the Act for the confirmation of the Priviledges and Customs of the City of London and all that is mentioned in the Propositions for their particular advantage And now that His Majesty hath thus far endeavoured to comply with the desires of His two Houses of Parliament to the end that this Agreement may be firm and lasting without the least face or question of restraint to blemish the same His Majesty earnestly desires presently to be admitted to His Parliament at
Westminster with that Honour which is due to their Sovereign there solemnly to confirm the same and legally to pass the Acts before mentioned and to give and receive as well satisfaction in all the remaining particulars as likewise such other pledges of mutual Love Trust and Confidence as shall most concern the good of Him and His People Upon which happy Agreement His Majesty will dispatch His Directions to the Prince His Son to return immediately to Him and will undertake for his ready Obedience thereunto Holdenby May 12. 1647. MDCXLVII Jul. The Londoners Petition and Engagement To the Right Honourable the Lord Maior the Right Worshipful the Aldermen and Commons of the City of London in the Common or Guild-Hall of the City of London assembled The Humble Petition of the Citizens Commanders Officers and Soldiers of the Trained Bands and Auxiliaries the Young men and Apprentices of the Cities of London and VVestminster Sea-Commanders Sea-men and Water-men together with divers other Commanders Officers and Soldiers within the Line of Communication and Parishes mentioned in the Weekly Bills of Mortality Sheweth THat your Petitioners taking into serious consideration how Religion His Majesties Honour and Safety the Priviledges of Parliament and Liberties of the Subject are at present greatly endangered and like to be destroyed and also sadly weighing with our selves what means might likely prove the most effectual to procure a firm and lasting Peace without a further effusion of Christian English Blood have therefore entred into a solemn Engagement which is hereunto annexed and do humbly and earnestly desire that this whole City may joyn together by all lawful and possible means as one man in hearty endeavours for His Majesties present coming up to His two Houses of Parliament with Honour Safety and Freedom and that without the nearer approach of the Army there to confirm such things as He hath granted in His Message of the 12. of May last in answer to the Propositions of both Kingdoms and that by a Personal Treaty with his two Houses of Parliament and the Commissioners of the Kingdom of Scotland such things as are yet in difference may be speedily settled and a firm and lasting Peace established All which we desire may be presented to both Houses of Parliament from this Honourable Assembly And we shall pray c. A solemn Engagement of the Citizens Commanders Officers and Soldiers of the Trained Bands and Auxiliaries the Young men and Apprentices of the Cities of London and VVestminster Sea-Commanders Sea-men and Water-men together with divers other Commanders Officers and Soldiers within the Line of Communication and Parishes mentioned in the Weekly Bill of Mortality WHereas we have entred into a solemn League and Covenant for Reformation and Defence of Religion the Honour and Happiness of the King and the Peace and Safety of the Three Kingdoms of England Scotland and Ireland all which we do evidently perceive not only to be endangered but ready to be destroyed we do therefore in pursuance of our said Covenant Oath of Allegiance Oath of every Free-man of the Cities of London and Westminster and Protestations solemnly engage our selves and vow unto Almighty God That we will to the utmost of our power cordially endeavour that His Majesty may speedily come to His two Houses of Parliament with Honour Safety and Freedom and that without the nearer approach of the Army there to confirm such things as He hath granted in His Message of the 12. of May last in Answer to the Propositions of both Kingdoms and that by a Personal Treaty with His two Houses of Parliament and the Commissioners of the Kingdom of Scotland such things as are yet in difference may be speedily settled and a firm and lasting Peace established For effecting whereof we do protest and re-oblige our selves as in the presence of God the searcher of all hearts with our Lives and Fortunes to endeavour what in us lies to preserve and defend His Majesties Royal Person and Authority the Priviledges of Parliament and Liberties of the Subject in their full and constant Freedom the Cities of London and Westminster Lines of Communication and Parishes mentioned in the Weekly Bills of Mortality and all others that shall adhere with us to the said Covenant Oath of Allegiance Oath of every Freeman of London and VVestminster and Protestation Nor shall we by any means admit suffer or endure any kind of Neutrality in this Common Cause of God the King and Kingdom as we do expect the Blessing of Almighty God whose help we crave and wholly devolve our selves upon in this our Undertaking A Declaration of the Lords and Commons assembled in Parliament Die Sabbathi 24. Julii 1647. THE Lords and Commons having seen a printed Paper intituled A Petition to the Right Honourable the Lord Maior the Right VVorshipful the Aldermen and Commons of the City of London in the Common or Guild-Hall of the City of London assembled under the Name of divers Citizens Commanders Officers and Soldiers of the Trained Bands Auxiliaries and others Young men and Apprentices Sea-Commanders Sea-men and VVater-men together with a dangerous Engagement of the same persons by Oath and Vow concerning the King 's present coming to the Parliament upon Terms far different from those which both Houses after mature deliberation have declared to be necessary for the good and safety of this Kingdom casting Reflections upon the Proceedings both of the Parliament and Army and tending to the imbroiling the Kingdom in a new War and the said Lords and Commons taking notice of great endeavours used by divers ill-affected persons to procure Subscriptions thereunto whereby well-meaning people may be misled do therefore declare That whosoever after Publication or notice hereof shall proceed in or promote or set his Name to or give Consent that his Name be set unto or any way joyn in the said Engagement shall be deemed and adjudged guilty of High Treason and shall forfeit Life and Estate as in cases of High Treason accustomed H. Elsynge Cler. Par. Dom. Com. Die Lunae 26. Julii 1647. BE it ordained by the Lords and Commons in Parliament assembled That the Declaration of the twenty fourth of this instant July which declares all those Traitors and so to forfeit Life and Estate who shall after Publication thereof act thereupon to get Subscriptions be Null and Void any thing in the said Declaration to the contrary notwithstanding Joh. Browne Cler. Par. Hen. Elsynge Cler. Par. Dom. Com. Die Lunae 26. Julii 1647. REsolved upon the Question That His Majesty shall come to Londo Die Saturni 31. Julii 1647. Resolved upon the Question That the King's Majesty come to one of His Houses nearer London that Propositions may be sent and Address made to His Majesty from both Houses of the Parliament of England and the Kingdom of Scotland for Peace MDCXLVII His MAJESTIES Declaration and Profession disavowing any Preparations in Him to levy War against His two Houses of Parliament CHARLES R. THere having been many
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
perfecting of these Concessions as also for such other things as may be proposed by the two Houses and for such just and reasonable demands as his Majesty shall find necessary to propose on his part he earnestly desires a Personal Treaty at London with his two Houses in Honour Freedom and Safety it being in his Judgment the most proper and indeed only means to a firm and settled Peace and impossible without it to reconcile former or to avoid future misunderstandings All these things being by Treaty perfected his Majesty believes his two Houses will think it reasonable that the Proposals of the Army concerning the Succession of Parliaments and their due Elections should be taken into consideration As for what concerns the Kingdom of Scotland his Majesty will very readily apply himself to give all reasonable satisfaction when the Desires of the two Houses of Parliament on their behalf or of the Commissioners of that Kingdom or of both joyned together shall be made known unto him From the Isle of Wight Novemb. 17. 1647. His MAJESTIES Declaration at the Isle of VVight Novemb. 19. 1647. CHARLES R. HIS Majesty doth declare That he came from Hampton-Court for no other cause but for the preservation of His Person which was as He apprehended in such danger that He could not with Safety continue longer there That if He could have been there with Safety He would not have departed thence nor from the Army And that He chose this place rather than any other when He was at liberty to have gone whither He pleased that He might still continue under the protection of the Army Colonel Hammond being a Member thereof and that He might have conveniency of free intercourse between Himself and the Parliament for the settlement of a general Peace to which He professes a very great inclination and desire and that there shall be nothing wanting on His part that may be reasonably expected from Him And His Majesty doth further Declare That in case these Gentlemen be taken from Him and punished as evil doers for counselling Him not to go out of the Kingdom but rather to come to the place where He now is for the ends aforesaid and for their endeavouring accordingly in attending Him hither He cannot but Himself expect to be dealt with accordingly His case being the same Carisbrooke Castle Novemb. 19. 1647. His MAJESTIES Letter to Sir THOMAS FAIRFAX from Carisbrooke Novemb. 26. 1647. For Sir Thomas Fairfax General CHARLES R. HAving left Order at Our remove from Hampton-Court that a Copy should be given you of what We had then written to both Houses of Parliament touching the causes of Our withdrawing and the continuance of Our Resolutions to improve every occasion of the satisfaction of all chief Interests that so a happy Peace may be settled in Our Dominions in pursuance whereof We have lately sent a Message to both Houses from this place and a Copy of it to you and being desirous in order to that blessed Work to give you Our present sense upon the condition of Affairs as they now stand We have thought fit to appoint Sir John Barkley to repair unto you and to communicate the same to you and We shall be glad by him to receive a mutual communication of your sense also upon this Subject not doubting but you easily perceive by the late Disorders into what a depth of Confusion the Army and the Nation will fall if timely and effectual preventions be not used And therefore We have now again proposed as the only Expedient a Personal Treaty for the composing of all differences and fulfilling the desires of all Interests to which if you will imploy your Credit as you cannot but expect the Blessings of God upon your endeavours therein so you may justly look for the best return that ever Our Condition shall be able to make you Given at Carisbrooke Castle the 26. day of Novemb. 1647. His MAJESTIES Message to both Houses from Carisbrook Castle Dec. 6. 1647. To the Speaker of the House of Peers pro tempore to be communicated to both Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HAD His Majesty thought it possible that His two Houses could be imployed in things of greater concernment than the Peace of this miserable distracted Kingdom He would have expected with more patience their leisure in acknowledging the receit of His Message of the 16. of November last But since there is not in nature any consideration preceding to that of Peace His Majesties constant tenderness of the welfare of His Subjects hath such a prevalence with Him that He cannot forbear the vehement prosecution of a Personal Treaty which is only so much the more desired by His Majesty as it is superior to all other means of Peace And truly when His Majesty considers the several complaints He daily hears from all parts of this Kingdom that Trade is so decayed all Commodities so dear and Taxes so insupportable that even natural subsistence will suddenly fail His Majesty to perform the Trust reposed in Him must use His uttermost endeavours for Peace though He were to have no share in the benefit of it And hath not His Majesty done His part for it by devesting Himself of so much Power and Authority as by His last Message He hath promised to do upon the concluding of the whole Peace And hath He met with that Acknowledgment from his two Houses which this great grace and favour justly deserves Surely the blame of this great retarding of Peace must fall somewhere else than on His Majesty To conclude If ye will but consider in how little time this necessary good Work will be done if you the two Houses will wait on His Majesty with the same Resolutions for Peace as He will meet you He no way doubts but that ye will willingly agree to this His Majesties earnest desire of a Personal Treaty and speedily desire His presence amongst you where all things agreed on being digested into Acts till when it is most unreasonable for His Majesty or His two Houses to desire each of other the least Concession this Kingdom may at last enjoy the blessing of a long-wisht-for Peace From Carisbrook Castle Decemb. 6. 1647. MDâ—XLVII Dec. 24. The Four Bills sent to the King to the Isle of VVight to be passed Together with the Propositions sent unto Him at the same time which upon the passing of those Bills were to be Treated upon THE Lords and Commons assembled in Parliament have commanded us to present to Your Majesty these Four Bills which have passed the two Houses of Parliament thus severally Entituled viz. An Act concerning the raising settling and maintaining Forces by Sea and Land within the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed An Act for justifying the Proceedings of Parliament in the late War and for declaring all Oaths Declarations
That when his Majesty desires a Personal Treaty with them for the settling of a Peace they in Answer propose the very subject matter of the most essential part thereof to be first granted a thing which will be hardly credible to Posterity Wherefore his Majesty declares That neither the desire of being freed from this tedious and irksome condition of life his Majesty hath so long suffered nor the apprehension of what may befall him in case his two Houses shall not afford him a Personal Treaty shall make him change his Resolution of not consenting to any Act till the whole Peace be concluded Yet then he intends not only to give just and reasonable satisfaction in the particulars presented to him but also to make good all other Concessions mentioned in his Message of the 16. of Novemb. last which he thought would have produced better effects than what he finds in the Bills and Propositions now presented unto him And yet his Majesty cannot give over but now again earnestly presseth for a Personal Treaty so passionately is he affected with the advantages which Peace will bring to his Majesty and all his Subjects of which he will not at all despair there being no other visible way to obtain a well-grounded Peace However his Majesty is very much at ease within himself for having fulfilled the Offices both of a Christian and of a King and will patiently wait the good pleasure of Almighty God to incline the hearts of his two Houses to consider their King and to compassionate their fellow-Subjects miseries Given at Carisbrook-Castle in the Isle of Wight Decemb. 28. 1647. A Declaration of the Lords and Commons assembled in Parliament with the Resolutions of both Houses concerning the King Together with an Order for Imprisoning the Persons and Sequestring the Estates of any that shall act contrary to this Declaration and Resolutions Die Sabbathi 15. Januarii 1647. THE Lords and Commons assembled in Parliament after many Addresses to his Majesty for the preventing and ending this Unnatural War raised by him against his Parliament and Kingdom having lately sent Four Bills to his Majesty which did contain only matter of Safety and Security to the Parliament and Kingdom referring the composure of all other Differences to a Personal Treaty with his Majesty and having received an absolute Negative do hold themselves obliged to use their uttermost Endeavours speedily to settle the present Government in such a way as may bring the greatest Security to this Kingdom in the enjoyment of the Laws and Liberties thereof and in order thereunto and that the Houses may receive no Delays nor Interruptions in so great and necessary a Work they have taken these Resolutions and passed these Votes following viz. Resolved upon the Question THat the Lords and Commons do Declare That they will make no further Addresses or Applications to the King Resolved upon the Question by the Lords and Commons assembled in Parliament That no Application or Address be made to the King by any person whatsoever without the leave of both Houses Resolved upon the Question by the Lords and Commons assembled in Parliament That the person or persons that shall make breach of this Order shall incur the Penalties of High Treason Resolved upon the Question That the Lords and Commons do Declare That they will receive no more any Message from the King and do enjoyn that no person whatsoever do presume to receive or bring any Message from the King to both or either of the Houses of Parliament or to any other person Joh. Browne Cleric Parliamentorum H. Elsynge Cler. Parl. D. Com. Die Lunae 17. Januarii 1647. Ordered by the Lords and Commons assembled in Parliament That this Declaration and these Resolutions be forthwith printed and published and that the several Knights of the Shires and Burgesses that serve for the several Towns and places do send Copies of the same to the several Counties and places It is further Ordered That whatsoever person shall act contrary to this Declaration and Resolutions of Parliament or shall incite or encourage others so to do shall upon due proof thereof be Imprisoned and his Estate Sequestred and the Offenders in the premisses after publication hereof shall be within the several Ordinances of Sequestration And all Committees and Commissioners of Sequestrations are hereby authorized and required to take notice hereof and to proceed to Sequestration accordingly Joh. Browne Cleric Parliamentorum H. Elsynge Cler. Parl. D. Com. His MAJESTIES Declaration in Answer to the Votes of No further Address Carisbrook-Castle 18. Jan. 1647. To all My People of whatsoever Nation Quality or Condition AM I thus laid aside and must I not speak for my self No I will speak and that to all my People which I would have rather done by the way of my two Houses of Parliament but that there is a publick Order neither to make Addresses to or receive Message from me And who but you can be judge of the Differences betwixt me and my two Houses I know none else for I am sure you it is who will enjoy the happiness or feel the misery of good or ill Government and we all pretend who shall run fastest to serve you without having a regard at least in the first place to particular Interests And therefore I desire you to consider the state I am and have been in this long time and whether my actions have more tended to the Publick or my own Particular good For whosoever will look upon upon me barely as I am a Man without that Liberty which the meanest of my Subjects enjoys of going whither and conversing with whom I will as a Husband and Father without the comfort of my Wife and Children or lastly as a King without the least shew of Authority or Power to protect my distressed Subjects must conclude me not onely void of all Natural Affection but also to want common Understanding if I should not most chearfully embrace the readiest way to the settlement of these distracted Kingdoms As also on the other side do but consider the Form and draught of the Bills lately presented unto Me and as they are the Conditions of a Treaty ye will conclude that the same spirit which hath still been able to frustrate all My sincere and constant endeavours for Peace hath had a powerful influence on this Message for though I was ready to grant the Substance and comply with what they seem to desire yet as they had framed it I could not agree thereunto without deeply wounding my Conscience and Honour and betraying the Trust reposed in me by abandoning my People to the Arbitrary and unlimited power of the two Houses for ever for the levying and maintaining of Land or Sea-Forces without distinction of Quality or limitation for Money-Taxes And if I could have passed them in terms how unheard of a Condition were it for a Treaty to grant beforehand the most considerable part of the subject matter How ineffectual were that
People so as the Estates neither of Friends to publick Interest nor alone of inferior Enemies thereto may bear wholly the burthen of that loss and charge which by and for that Family the Kingdom hath been put unto Thirdly That Capital punishment be speedily executed upon a competent number of his chief Instruments also both in former and later Wars and that some of both sorts be pitcht upon as are really in your hands or reach Fourthly That the rest of the Delinquents English may upon rendring themselves to Justice have mercy for their Lives and that only Fines be set upon them and their persons declared incapable of any publick Trust or having any voice in Elections thereto at least for a good number of years And that a short day may be set by which all such Delinquents may come in and for those who come not in by that day that their Estates be absolutely confiscate and sold to the publick use and their persons stand exil'd as Traitors and to die without mercy if ever found after in the Kingdom or its Dominions Fifthly That the satisfaction of Arrears to the Soldiery with other publick Debts and competent reparations of publick Damages may be put into some orderly way And therefore that the Fines and Compositions of Delinquents be disposed to those uses only as also the Confiscations of such who shall be excluded from Pardon or not come in by the day assigned Now after publick Justice thus far provided for we proceed in order to the general satisfaction and settling of the Kingdom First That you would set some reasonable and certain period to your own Power Secondly That with a period to this Parliament there may be a settlement of the Peace and future Government of the Kingdom First That there may be a certain succession of future Parliaments Annual or Biennial with secure provision 1. For the certainty of their sitting meeting and ending 2. For equal Elections 3. For the Peoples meeting to elect provided that none engaged in War against the Kingdom may elect or be elected nor any other who oppose this Settlement 4. For clearing the future power of Parliaments as supreme only they may not give away any Foundation of Common Right 5. For liberty of entring Dissents in the said Representatives that the People may know who are not fit for future Trusts but without any further penalty for their free judgements Secondly That no King be hereafter admitted but upon Election of and as upon Trust from the People by such their Representatives not without first disclaiming all pretence to a Negative Voice against the determinations of the Commons in Parliament and this to be done in some form more clear than heretofore in the Coronation Oath These matters of general Settlement we propound to be provided by the Authority of the Commons in this Parliament and to be further established by a general Contract or Agreement of the People with their Subscriptions therunto And that no King be admitted to the Crown nor other person to any Office of publick Trust without express Accord and Subscription to the same Four Queries propounded by His MAJESTY when the Armies Remonstrance was read unto him at Newport concerning the intended Trial of His MAJESTY 1. WHether this Remonstrance be agreeable to the former Declarations of the Army and if not whether the Parliament would make good their Votes that after He had consented to what they desired He should be in a capacity of Honour Freedom and Safety 2. Whether His acknowledgement of the Blood that hath been spilt in the late Wars nothing being as yet absolutely concluded or binding could be urged so far as to be made use of by way of Evidence against Him or any of His Party 3. Whether the Arguments that He hath used in a free and Personal Treaty to lessen or extenuate and avoid the exactness of any of the Conditions though in manner and form only might be charged against Him as an act of Obstinacy or wilful persistence in what is alledged against Him in that He goes on in a destructive course of Enmity against the People and the Laws of the Land when He hath declared that His Conscience was satisfied concerning divers particulars in the Propositions 4. Whereas by the Letter of the Law all persons charged to offend against the Law ought to be tried by their Peers or Equals what the Law is if the Person questioned is without a Peer And if the Law which of it self is but a dead Letter seems to condemn him by what power shall Judgement be given and who shall give it or from whence shall the administrators of such Judgement derive their power which may by the same Law be deemed the supreme Power or Authority of Magistracy in the Kingdom His MAJESTIES Declaration concerning the Treaty and His dislike of the Armies Proceedings Delivered to one of His Servants at His Departure from the Isle of Wight and commanded to be published for the satisfastion of all His Subjects WHen large pretences prove but the shadows of weak performance then the greatest labours produce the smallest effects and when a period is put to a work of great concernment all mens ears do as it were hunger till they are satisfied in their expectations Hath not this distracted Nation groaned a long time under the burthen of tyranny and oppression And hath not all the blood that hath been spilt these seven years been cast upon My Head Who am the greatest Sufferer though the least guilty And was it not requisite to endeavour the stopping of that flux which if not stopt will bring an absolute Destruction to this Nation And what more speedy way was there to consummate those Distractions than by a Personal Treaty being agreed upon by My two Houses of Parliament and condescended to by Me And I might declare that I conceive it had been the best Physick had not the operation been hindred by the interposition of this imperious Army who were so audacious as to style Me in their unparallel'd Remonstrance their Capital Enemy But let the world judge whether Mine endeavours have not been attended with reality in this late Treaty and whether I was not as ready to grant as they were to ask and yet all this is not satisfaction to them that pursue their own ambitious ends more than the welfare of a miserable Land Were not the dying hearts of my poor distressed People much revived with the hopes of a Happiness from this Treaty and how suddenly are they frustrated in their expectations Have not I formerly been condemned for yielding too litte to My two Houses of Parliament and shall I now be condemned for yielding too much Have I not formerly been Imprisoned for making War and shall I now be condemned for making Peace Have I not formerly ruled like a KING and shall I now be ruled like a Slave Have I not formerly enjoyed the society of my dear Wife and Children in peace
Bishop Jewel that Ambrose Chrysostome Jerome Augustine and many more holy Fathers together with the Apostle Paul agree that by the Word of God there is no difference between a Bishop and a Presbyter and that Medina in the Council of Trent affirms not only the same Fathers but also another Jerome Theodoret Primasius Sedulius and Theophylact to be of the same judgment and that with them agree Oecumenius Anselme Arch-Bishop of Canterbury and another Anselme Gregory and Gratian and after them many others that it was inrolled in the Canon Law for sound and Catholick Doctrine and publickly taught by Learned men And adds That all who have laboured in the Reformation of the Church for these 500 years have taught that all Pastors be they intituled Bishops or Priests have equal authority and power by God's word The same way goes Lombard Master of the Sentences and Father of the School-men who speaking of Presbyters and Deacons saith The Primitive Church had those Orders only and that we have the Apostles precept for them alone With him agree many of the most eminent in that kind and generally all the Canonists To these we may add Sixtus Senensis who testifies for himself and many others and Cassander who was called by one of the German Emperors as one of singular ability and integrity to inform him and resolve his Conscience in questions of that nature who said It is agreed among all that in the Apostles times there was no difference between a Bishop and a Presbyter For a conclusion we add that the Doctrine we have herein propounded to Your Majesty concerning the Identity of the Order of Bishops and Presbyters is no other than the Doctrine published by King Henry the 8. 1543. for all his Subjects to receive seen and allowed by the Lords both Spiritual and Temporal with the neather House of Parliament Of these two Orders only so saith the Book that is to say Priests and Deacons Scripture maketh express mention and how they were conferred of the Apostles by Prayer and Imposition of hands By all which it seems evident that the Order of Episcopacy as distinct from Presbytery is but an Ecclesiastical Institution and therefore not unalterable Lastly we answer That Episcopal Government which at first obtained in the Church did really and substantially differ from the Episcopal Goverment which the Honourable Houses of Parliament desire the abolition of The Bishop of those times was one presiding and joining with the Presbytery of his Church ruling with them and not without them either created and made by the Presbyters chusing out one among themselves as in Rome and Alexandria or chosen by the Church and confirmed by three or more of his Neighbours of like dignity within the same precinct lesser Towns and Villages had and might have have Bishops in them as well as populous and eminent Cities until the Council of Sardis decreed That Villages and small Cities should have no Bishops lest the name and authority of a Bishop might thereby come into contempt But of one claiming as his due and right to himself alone as a superior order or degree all power about Ordination of Presbyters and Deacons and all jurisdiction either to exercise himself or delegate to whom he will of the Laity or Clergy as they distinguish according to the Judgment and Practice of those in our times we read not till in the latter and corrupter Ages of the Church By all which it appears that the present Hierarchy the abolition whereof is desired by the Honourable Houses may accordingly be abolished and yet possibly the Bishops of those Primitive times be They are so far differing one from another In answer to that part of Your Majesties Paper wherein You require whether our Saviour and his Apostles did so leave the Church at liberty as they might totally alter or change the Church-Government at their pleasure we humbly conceive that there are Substantials belonging to Church-Government such as are appointed by Christ and his Apostles which are not in the Churches liberty to alter at pleasure But as for Arch-Bishops c. we hope it will appear unto Your Majesties Conscience that they are none of the Church-Governors appointed by our Saviour and his Apostles And we beseech Your Majesty to look rather to the Original of them than Succession Octob. 3. 1648. III. His MAJESTIES Answer to the Paper delivered to Him by the Divines attending the Parliament's Commissioners concerning Church-Government C. R. HIS Majesty upon perusal of your Answer to His Paper of the second of October 1648. findeth that you acknowledg the several Scriptures cited in the Margin to prove the things for which they are cited viz. That the Apostles in their own persons that Timothy and Titus by Authority derived from them and the Angels of the Churches had power of Church-Government and did or might actually exercise the same in all the three several branches in His Paper specified And so in effect you grant all that is desired For the Bishops challenge no more or other power to belong unto them in respect of their Episcopal Office as it is distinct from that of Presbyters than what properly falleth under one of these three Ordination giving Rules and Censures But when you presently after deny the persons that exercised the power aforesaid to have been Bishops or to have exercised Episcopal Government in that sense as Bishops are distinct from Presbyters you do in effect deny the very same thing you had before granted For Episcopal Government in that sense being nothing else but the Government of the Churches within a certain Precinct commonly called a Diocese committed to one single person with sufficient authority over the Presbyters and people of those Churches for that end since the substance of the thing it self in all the three forementioned particulars is found in the Scriptures unless you will strive about names and words which tendeth to no profit but to the puzling and subverting those which seek after truth you must also acknowledg that Episcopal Government in the sense aforesaid may be sufficiently proved from the Scriptures In that which you say next and for proof thereof insist upon three several Texts His Majesty conceiveth as to the present business that the most that can be proved from all or any of those places is this That the word Bishop is there used to signifie Presbyter and that consequently the Office and Work mentioned in those places as the Office and Work of a Bishop are the Office and Work of a Presbyter which is confest on all sides although His Majesty is not sure that the proof will reach so far in each of those places But from thence to infer an absolute Identity of the Functions of a Bishop and a Presbyter is a fallacy which his Majesty observeth to run in a manner quite along your whole Answer but it appears from the Scriptures by what you have granted that single persons as Timothy and Titus
learned to thirst the more by how much the more they drank whom no fountain of Royal Bounty was able to overcome so resolved they seemed either utterly to exhaust it or barbarously to obstruct it Sure it ceases to be Counsel when not Reason is used as to men to perswade but Force and Terror as to beasts to drive and compel men to assent to whatever tumultuary Patrons shall project He deserves to be a Slave without pity or redemption that is content to have the Rational soveraignty of his Soul and liberty of his Will and Words so captivated Nor do I think my Kingdoms so considerable as to preserve them with the forfeiture of that Freedom which cannot be denied Me as a King because it belongs to Me as a Man and a Christian owning the dictates of none but God to be above Me as obliging Me to consent Better for Me to die enjoying this Empire of my Soul which subjects Me only to God so far as by Reason or Religion he directs Me than live with the Title of a King if it should carry such a vassalage with it as not to suffer Me to use My Reason and Conscience in which I declare as a King to like or dislike So far am I from thinking the Majesty of the Crown of England to be bound by any Coronation-Oath in a blind and brutish formality to consent to whatever its Subjects in Parliament shall require as some men will needs infer while denying me any power of a Negative voice as King they are not ashamed to seek to deprive Me of the liberty of using My Reason with a good Conscience which themselves and all the Commons of England enjoy proportionable to their influence on the publick who would take it very ill to be urged not to deny whatever My self as King or the House of Peers with Me should not so much desire as enjoyn them to pass I think My Oath fully discharged in that point by my Governing only by such Laws as My People with the House of Peers have chosen and My self consented to I shall never think My self conscientiously tied to go as oft against My Conscience as I should consent to such new Proposals which My reason in Justice Honour and Religion bids Me deny Yet so tender I see some men are of their being subject to Arbitrary Government that is the Law of anothers will to which themselves give no consent that they care not with how much dishonour and absurdity they make their King the only man that must be subject to the will of others without having power left him to use his own Reason either in Person or by any Representation And if my dissentings at any time were as some have suspected and uncharitably avowed out of Error Opinionativeness Weakness or Wilfulness and what they call Obstinacy in Me which not true Judgment of things but some vehement Prejudice or Passion hath fixed on My Mind yet can no man think it other than the badg and method of Slavery by savage Rudeness and importunate obtrusions of Violence to have the mist of his Error and Passion dispelled which is a shadow of Reason and must serve those that are destitute of the substance Sure that man cannot be blameable to God or Man who seriously endeavours to see the best reason of things and faithfully follows what he takes for Reason The uprightness of his Intentions will excuse the possible failings of his Understanding If a Pilot at Sea cannot see the Pole-star it can be no fault in him to steer his course by such Stars as do best appear to him It argues rather those men to be conscious of their defects of Reason and convincing Arguments who call in the assistance of mere force to carry on the weakness of their Counsels and Proposals I may in the truth and uprightness of my Heart protest before God and Men that I never wilfully opposed or denied any thing that was in a fair way after full and free debates propounded to Me by the Two Houses further than I thought in good Reason I might and was bound to do Nor did any thing ever please Me more than when My Judgment so concurred with theirs that I might with good Conscience consent to them yea in many things where not absolute and moral necessity of Reason but temporary convenience on point of Honour was to be considered I chose rather to deny My self than them as preferring that which they thought necessary for My Peoples good before what I saw but convenient for My self For I can be content to recede much from My own Interests and Personal Rights of which I conceive My self to be Master but in what concerns Truth Justice the Rights of the Church and my Crown together with the general good of my Kingdoms all which I am bound to preserve as much as morally lies in Me here I am and ever shall be fixt and resolute nor shall any man gain my consent to that wherein my Heart gives my Tongue or Hand the Lye nor will I be brought to affirm that to Men which in my Conscience I denied before God I will rather chuse to wear a Crown of Thorns with My Saviour than to exchange that of Gold which is due to Me for one of Lead whose embased flexibleness shall be forced to bend and comply to the various and oft contrary dictates of any Factions when in stead of Reason and Publick Concernments they obtrude nothing but what makes for the interest of Parties and flows from the partialities of private Wills and Passions I know no resolutions more worthy a Christian King than to prefer his Conscience before his Kingdoms O my God preserve thy Servant in this Native Rational and Religious Freedom for this I believe is thy will that we should maintain who though Thou dost justly require us to submit our Vnderstandings and Wills to thine whose Wisdom and Goodness can neither err nor misguide us and so far to deny our carnal Reason in order to thy Sacred Mysteries and Commands that we should believe and obey rather than dispute them yet dost Thou expect from us only such a reasonable Service of Thee as not to do any thing for Thee against our Consciences and as to the desires of men enjoinest us to try all things by the touch-stone of Reason and Laws which are the Rules of Civil Justice and to declare our Consents to that only which our Judgments approve Thou knowest O Lord how unwilling I was to desert that place in which Thou hast set Me and whereto the Affairs of My Kingdoms at present do call Me. My People can witness how far I have been content for their good to deny My self in what Thou hast subjected to My disposal O let not the unthankful importunities and Tumultuary Violence of some mens Immoderate demands ever betray Me to that dangerous and unmanly slavery which should make Me strengthen them by my Consent in those things which I
Martyrdom Jan. 30. 1648 9. p. 206 APPENDIX Concerning Church-Government Of the Differences between His Majesty and the two Houses in point of Church-Government See Icon Basil XVII p. 687 The Papers which passed betwixt His Majesty and Henderson concerning the Change of Church-Government 1646. p. 75 The Papers which passed betwixt His Majesty and the Divines attending the Commissioners of both Houses at Newport 1648. Append. p. 612 seqq THE END The Duke of Lenox the Earl of Arran in Scotland Some Writers who since have been convinced of their misinformation have named amongst those seven Lords the Lord Bruce Earl of Elgin but his Lordship upon the first notice of this report did to several Persons of Quality and Honour he conversed with and since hath affirmed to me that he was not then present and that his heart could never consent to the shedding of the blood of that excellent Prelate * A full Answer †The Regal Apology His Majestie 's Religion His Justice His Clemency His Fortitude His Patience His Humility His Choice of Ministers of State His Affection to His People His Obliging Converse His Fidelity His Chastity His Temperance His Frugality His Intellectual Abilities His Skill in all Arts. His Eloquence His Political Prudence The Censure of His Fortune A Presage of His Fall and the future State of the Royal Family His Recreations The Features of His Body His Children Acts 14. 23. Acts 6. 6. 1 Cor. 16. 1. 1 Cor. 14. 1 Cor. 5. 5. 3 Joh. 9 10. 1 Tim. 5. 22. Tit. 1. 5. Revel 2. 3. 1 Tim. 5. 19. Tit. 3. 10. * 5 15 26 29. of Decemb. 84 15. of Jan. 1645. * Jan. 23. 2 Feb. Passed by the Fag-end of the House of Commons Jan. 4. having been cast out by the Lords Jan. 2. Hereabout I was stopt and not suffered to speak any more concerning Reasons * defiance * Answer * four for it seems some came in after Here a Lady interposed saying Not half the People but was silenced with threats Upon the Earl of Strafford Pointing to the Bishop Turning to some Gentlemen that wrote Pointing to the Bishop These words were spoken upon occasion of private Discourse between His Majesty and the Bishop concerning the several Stages of man's life and his course through them in allusion to Posts and Stages in a Race * Cook 7. Report Calvin's Case Mr. Stroud Mr. Pym. Sir John Biron Lord Say His Majesty's gracious Message to both Houses of Parliament sent from Nottingham Aug. 25. 1642. by the Earls of Southampton and Dorset Sr. John Culpeper Chancellor of the Exchequer and Sr. William Vdal The Answer of the Lords and Commons to His Majesty's Message the 25. of Aug. 1642. His Majesty's Reply to an Answer sent by the two Houses of Parliament to His Majesty's Message of the 25 of August concerning a Treaty of Accommodation The humble Answer and Petition of the Lords and Commons assembled in Parliament unto the Kings last Message The humble Answer of the Lords and Commons assembled in Parliament unto His Majesty's last Message Message of Feb. 20. * to the Votes of both Houses and to their desire of a safe Conâ—uct His Majesty's Message of Apr. 12. at the end of the Treaty Inserted before pag. 353. * were presently His Majesty's Message replying to this Paper is inserted before p. 250. In His Message of April 12. pag. 353. Pag. 353. April 5. * The fourth of Edward the Third Artic. 1. against Roger Mortimer The King had put to him four Bishops four Earls and four Barons without whose consent or of four of them no great business was to be transacted Rot. Parliam 13 E. 3. N. 15 16. The whole Navy disposed of by Parliament N. 13 14. Admirals appointed and Instructions given to them N. 32. Instructions for the defence of Jersey and a Deputy-Governour appointed in Parliament N. 35. Souldiers of York Nottingham c. to go at the cost of the Countrey and what they are to do N. 36. A Clark appointed for payment of their wages by the oversight of the Lord Percy and Nevil N. 38. Sir Walter Creak appointed Keeper of Berwick N. 39. Sir Tho. de Wake appointed to set forth the Array of Soldiers for the County of York and N. 40 41 42 43. others for other Counties 14 E. 3. N. 36. The Parliament agreeth that in the Kings absence the Duke of Cornwal shall be Keeper of England N. 35. They appoint the Archbishop of Canterbury the Earls of Lancaster Warren and Huntington Councellors to the Duke with power to call such others as they shall think fit N. 19. Certain appointed to keep the Islands and Sea-coasts N. 42. The Lord of Mowbray appointed Keeper of Berwick N. 48. Commission to the Lord Mowbray of the Justices of Lentham N. 53 54 c. Commissions of Array to the Earl of Angois and others 15 E. 3. N. 15. That the Chancellors chief Justices Treasurers Chancellors and Barons of the Exchequer c. may be chosen in open Parliament and there openly sworn to observe the Laws Answer thus That as they sall by death or otherwise it shall be so done in the choice of a new with your assents c. 50 E. 3. N. 10 11. Ordered in Parliament That the King should have at the least ten or twelve Counsellors without whom no weighty matters should pass c. N. 15. A Commission to the L. Percy and others to appoint able persons for the defence of the Marches of the East-Riding 1. R. 2. N. 18 19. The Parliament wholly disposeth of the Education of the King and of the Officers c. N. 51. Officers for Gascoign Ireland and Artois Keepers of the Ports Castles c. 2. R. 2. Rot. Parl. par 2. artic 39. The Admiralty N. 37. In a Schedule is contained the order of the E. of Northumb. and others for the defence of the North Sea-coasts and confirmed in Parliament 6 R. 2. N. 11. The Proffer of the Bishop of Norwich to keep the Sca-coasts and accepted in Parliament 8 R. 2. 11 16. The names of the chief Officers of the Kingdom to be known to the Parliament and not to be removed without just cause 11 R. 2. N. 23. No persons to be about the King or intermeddle with the Affairs of the Realm other than such as be appointed by Parliament 15 R. 2. N. 15. The Commons name the person to treat of a Peace with the Kings enemies Rot. Parl. 1 H. 4. N. 106. That the King will appoint able Captains in England and Wales Stat. 4. H. 4. cap. 31 32 33. printed The Welch-men shall bear Office 5 H. 4. N. 16. The King at the request of the Commons removed his Confessor and three other Men from about him N. 37. At the request of the Commons nameth divers Privy-Councellors 7 and 8 H. 4 26. Power given to the Merchants to name two persons to be Admirals 7 and 8 H. 4. N. 31. Councellors appointed by
Authority of Parliament N. 26. Commissions granted in Parliament to keep the Sea Rot. Parl. 1 H. 6. N. 61. Chancellor Treasurer and Privy Seal appointed by Parliament N. 24. Protector and Defensor Regni appointed by Parliament N. 26. Privy Councellors 2 H. 6. N. 15. Counsels named by Parliament 4 H. 6. N. 19. The Duke by common consent in Parliament appoints a Deputy to keep Berwick Castle 14 H. 6. N. 10. The keeping of the Town of Calice is committed to the Duke of Gloucester by Indenture between him and the King and confirmed in Parliament 31 H. 6. N. 41. Rich. Earl of Salisbury and others are appointed by Parliament to keep the Seas Tunnage and Poundage appointed to them for three years 33 H. 6. N. 27. Discharged 39 H. 6. N. 32. The Duke of York made by Parliament General Stat. 21 Jac. cap. 34. Treasurers and a Council of War appointed by Parliament and an Oath directed to be by them taken The Earl of Essex made Lord Lieutenant of the County of York and Sir Jo. Conyers Lieut. of the Tower upon the desire of the Lords and Commons this Parliament With very many more Precedents which to avoid prolixity are purposely omitted In His Message of April 12. His Message of May 5. Message of May 19. Mr. Alexander Hampden Dan. Kniveton * He. As in the case of the late Earl of Manchester Lord Privy-Seal Mr. Gamul * Bound Mr. Pym. M. Yeomans M. Bourchier of Bristol M. Tompkins M. Chaloner at London and divers others Published in Latine English French See these Messages in the Appendix n. 1. and 2. In the Appendix In the Appendix Together with this inclosed in a Letter from Prince Rupert to the Earl of Essex His Majesty sent a safe Conduct for their Commissioners and their Retinue Prince Rupert's Letter His Majesty's Propositions All their Commissioners were not then come to Vxbridge * The Papers intended are the Propositions concerning Religion which were not then delivered It was on Thursday being Market-day and the first day of the Meeting * The Paper intended is that before of 30. Jan. num 13. The Propositions here intended are those before mentioned on their part sent by the Earl of Denbigh and others to Oxford And the Bill for abolishing Episcopacy is in the Appendix n. 3. * Meaning the next present Paper * This joynt Declaration is already printed But the Articles being not Printed are in the Appendix n. 4. * See before num 31. * The Directory which was delivered in is of great length and the Covenant delivered with it both now Printed and obvious are therefore forborn to be inserted here or in the Appendix * See them in the Appendix n. 5. and 6. * The Alterations intended here and in the third Proposition are according to the Articles of the Treaty at Edenburgh which see in the Appendix n. 4. and the joynt Declaration of both Kingdoms which are That whereas by the Bill the Bishops Lands are mentioned to be given to the King and other Church-Lands for other uses by those Articles and Declarations they may be taken away and imployed to payment and recompence of the Scots and for paying the publick Debts and repairing of particular Losses * That was by Conference See num 59. * These words are in the preamble of the Bill presented by them for abolishing Episcopacy See before in the margin to the Paper num 44. * See that Clause in the Bill in the Appendix n 3. at this mark †* Num. 52. * None were made * None at all were delivered in * See these Papers after n 170. 192 and 193. * The Paper intended is the King's Commissioners Reply to their first Answer 13. Feb. n. 61. * See the Paper 20. Feb. after n. 196 being delivered upon another occasion * See before num 56. * See num 84. * See num 86. 88. * See the Paper intended n. 91. * The precedent Paper * The next precedent Paper * The Paper after n. 128 was delivered with this * See before n. 16. * See the printed Act. * See n. 107. and 109. and n. 105. * See the Papers intended n. 92. 106 * Nu. 111. * See before n. 111 The Admiralty is an office of Inheritance in Scotland and setled by Act of Parliament * Num. 84. * n. 361. * Copies of the Letters and Advices were accordingly delivered In the Appendix See the late Statute concerning the Adventures for Irish Lands * See the Letters and Advices in the Appendix num 9. See all these in the Appendix * Demand * Which were the the two next precedent Papers * The two Papers following n. 171 172. were delivered in before this Paper and the reference is to them others formerly delivered on that Subject * See the Paper 20. Feb. n. 192. touching His Majesties return to Westminster * of * given * It is the sixth of His Majesties Propositions See His Majesties Propositions n. 8. and the Letter from the Earl of Essex n. 9. that their Commissioners should have Instructions to Treat upon them * See their Paper before 11. Feb. num 184. * See their Paper num 63. referring to this * See their last Paper * Manner * protest See them in the Narrative num 136 177 178. * See it in the Narrative num 136. See the Narrative n. 77. num 78. num 80. num 81. num 105. 107. num 106 107 112. num 109. num 110. num 111. num 113. 115. num 116. num 117. num 118. num 119. * These are their words but seem to be mistaken for Our Commissioners always insisted We should name some of them See Our Commissioners Paper touching Our Return to the two Houses after Disbanding of Armies num 191. num 130. Num. 131. See num 132. Num. 130. Num. 136. See these in the Narrative nnm 177 178. Presented Jul. 24. These Propositions are for the most part the same with those at Vxbridge Representation of the Army Jun. 14. 1647. The Propositions being the same with those at Newcastle we have only repeated the heads as we found them This is part of the third in the Propositions 14. To null all Honours conferred since 1642. by the old Seal These Propositions being generally the same with those at Vxbridge Newcastle and Hampton-Court it was thought fit to represent only the Heads Acts xiv 23. Acts vi 6. 1 Cor. xvi 1. 1 Cor. xiv 1 Cor. v. 3. iii Joh. 9 10. 1 Tim. v. 22. Tit. i. 5. Rev. ii iii. 1 Tim. v. 19. Tit. iii. 10. Tit. i. 5 7. Acts xx 17 18. 1 Pet. v. 1 2. * by * Exercit. 8. in Ignat. c. 3. a Act. xvii 14. b 15. c i Thes iii. 1 2. d Act. xviii 5. e Act. xix 22. f Act. xx 4. g ver 5 6. h ver 17. h i Tim. i. 3. i Heb. xiii 23. * Phil. i. 1. Philem. ver 1. Col. i. 1. Heb. xiii 23. ii Tim. iv 6 10. 11 12 16. k Gal. i. 2. l Tit. iii. 12. m ii Cor. ii 12. n ii Cor. v. 6. o ii Cor. viii 6. p ii Tim. iv 10. 1. Reply Sect. 1 2 2. Reply Sect. 3. 4 5. 3. Reply Sect. 6. 4. Reply Sect. 7. 5. Reply Sect. 8. 6. Reply Sect. 9. 7. Reply Sect. 10. 15. 8. Reply 16. 9. Reply 17 18. 10. Reply 19 28. 11. Reply 23 27. 12. Reply 19 c.
County of Surrey directed to the House of Peers concluded with this close That they should be in duty obliged to mantain their Lordships so far as they should be united with the House of Commons in their just and pious proceedings sufficiently intimating that if they joyned not with the House of Commons they then meant as much as others had plainly professed About the same time a Citizen saying at the Bar of the House of Commons That they heard there were Lords who refused to consent and concur with them and that they would gladly know their names or words to that effect a Petition in the name of many thousand poor People in and about the City of London was directed to the House of Commons taking notice of a malignant Faction that made abortive all their good motions which tended to the Peace and Tranquillity of this Kingdom desiring that those noble Worthies of the House of Peers who concurred with them in their happy Votes might be earnestly desired to joyn with that Honourable House and to sit and Vote together as one entire body and professing that unless some speedy remedy were taken for the removing all such Obstructions as hindred the happy progress of their great Endeavours their Petitioners should not rest in quietness but should be forced to lay hold on the next remedy which was at hand to remove the disturbers of the Peace and Want and necessity breaking the bounds of Modesty not to leave any means unessayed for their relief lastly adding that the cry of the poor and needy was that such Persons who were the obstacles of their Peace and the hinderers of the happy proceedings of this Parliament might be forthwith publickly declared whose removal they conceived would put a period to those Distractions And this Petition was brought up to the House of Lords by the House of Commons at a Conference And after the same day Master Hollis a Member of the House of Commons in a Message from that House pressed the Lords at their Bar to joyn with the House of Commons in their desire about the Militia and farther with many other expressions of like nature desired in words to this effect That if that desire of the House of Commons were not assented unto those Lords who were willing to concur would find some means to make themselves known that it might be known who were against them and they might make it known to those that sent them After which Petition so strangely framed countenanced and seconded many Lords thereupon withdrawing themselves the Vote in order to the Militia twice before rejected was then passed After these and other unparliamentary Actions many things rejected and settled upon solemn debate were again after many Threats and Menaces resumed altered and determined contrary to the Custom and Laws of Parliament And so many of us withdrew our selves from thence where we could not Sit Speak and Vote with Honour Freedom and Safety and are now kept from thence for our Duty and Loyalty to our Sovereign And though some of us Sate and continued there long after this hoping that we might have been able to have prevented the growth and progress of farther Mischief yet since the Privilege of Parliament is so substantial and entire a Right that as the Invasion of the Liberties of either House is an injury to the other and the whole Kingdom so the Violence and Assaults upon any of our fellow-Members for expressing their opinions in matters of debate were instances to us what we were to look for when we should be known to dissent from what was expected and under that consideration every one of our just Liberties suffered violation Many of us for these and other reasons after His Majesty Himself was by many Indignities and Force driven from Westminster have been contrary to the Right and Freedom of Parliament Voted out of the House without committing any Crime and some of us without hearing or so much as being summoned to be heard and so our Countries for which we were and are trusted have been without any Proxies or Persons trusted on their behalf An Army hath been raised without and against His Majesty's Consent and a Protestation enjoyned to live and die with the Earl of Essex their General of that Army and a Member now amongst us refusing to take that Protestation was told That if he left not the Town speedily he should be committed to the Tower or knocked on the head by the Souldiers All Persons even the Members of both Houses have been and now are forced or injoyned to contribute for the maintenance and support of that Army A trayterous Covenant is since taken by the Members who remain and imposed upon the Kingdom That they will to their power assist the Forces raised and continued by both Houses of Parliament against the Forces raised by the King with many other Clauses directly contrary to their Allegiance and another for the alteration of the Covenant of the Church established by Law and such Members as have refused according to their Duty and Conscience to take those Covenants have been imprisoned or expelled so as they have suffered none to reside with them but those who are engaged with them in their desperate courses The whole Power and Authority of both Houses is delegated against the Law and nature of Parliament to a close Committee which assumes and usurps the Power of King Lords and Commons disposes of the Persons Liberties and Estates of us and our fellow-Subjects without so much as communicating their Resolutions to those that sit in the Houses And when an Order hath been reported to be confirmed by them it hath been only put to the Question no debates being suffered it having been said in the House where the Commons sit to those who have excepted against such an Order when presented That they were only to Vote not to dispute and thereupon all Argument and contradiction hath been taken away And to shew how impossible it is to contain themselves within any bond of civility and humanity when they have forfeited their Allegiance after the attempt in a most barbarous manner to murther the Queens Majesty at Her landing at Burlington by making many great shot at the house where She lodged for Her repose after a long Voyage by Sea where by God's blessing it was disappointed they impeached Her of High Treason for assisting the King Her Husband and the Kingdom in their greatest necessities All Petitions and Addresses for Peace have been with great Art and Vehemence discountenanced and suppressed whilst others for Sedition and Discord have with no less industry and passion been promoted And when the Members of the House of Commons in August last had agreed upon a long and solemn debate to joyn with the Lords in sending Propositions of Peace to His Majesty the next day printed Papers were scattered in the Streets and fix'd upon the publick places both in the City and Suburbs requiring all Persons
Parliament as they had upon the first of January 1641. the same of right belonging unto them by their Birth-rights and the free Election of those that sent them and having been Voted from them for adhering to His Majesty in these Distractions His Majesty not intending that this should extend either to the Bishops whose Votes have been taken away by Bill or to such in whose places upon new Writs new Elections have been made 3. As soon as His Majesty and both Houses may be secured from such tumultuous Assemblies as to the great breach of the Privileges and the high Dishonour of Parliaments have formerly assembled about both Houses and awed the Members of the same and occasioned two several complaints from the Lords House and two several desires of that House to the House of Commons to joyn in a Declaration against them the complying with which desire might have prevented all these miserable Distractions which have ensued which Security His Majesty conceives can be only settled by Adjourning the Parliament to some other place at the least twenty Miles from London the choice of which His Majesty leaves to both Houses His Majesty will most chearfully and readily consent that both Armies be immediately disbanded and give a present meeting to both His Houses of Parliament at the time and place at and to which the Parliament shall be agreed to be Adjourned His Majesty being most confident that the Law will then recover the due credit and estimation and that upon a free debate in a full and peaceable Convention of Parliament such Provisions will be made against Seditious Preaching and Printing against His Majesty and the established Laws which hath been one of the chief causes of the present Distractions and such care will be taken concerning the Legal and known Rights of His Majesty and the Property and Liberty of His Subjects that whatsoever hath been published or done in or by colour of any illegal Declaration Ordinance or Order of one or both Houses or any Committee of either of them and particularly the Power to raise Arms without His Majesty's Consent will be in such manner recalled disclaimed and provided against that no seed will remain for the like to spring out of for the future to disturb the Peace of the Kingdom and to endanger the very Being of it And in such a Convention His Majesty is resolved by His readiness to consent to whatsoever shall be proposed to Him by Bill for the Real good of His Subjects and particularly for the better discovery and speedier conviction of Recusants for the Education of the Children of Papists by Protestants in the Protestant Religion for the prevention of practices of Papists against the State and the due execution of the Laws and true levying of the Penalties against them to make known to all the World how causeless those fears and jealousies have been which have been raised against Him and by that so distracted this miserable Kingdom And if this Offer of His Majesty be not consented to in which He asks nothing for which there is not apparent Justice on His side and in which He defers many things highly concerning both Himself and People till a full and peaceable Convention of Parliament which in Justice He might now require His Majesty is confident that it will then appear to all the World not only who is most desirous of Peace and whose fault it is that both Armies are not now disbanded but who have been the true and first cause that this Peace was ever interrupted or these Armies raised and the beginning or continuance of the War and the Destruction and Desolation of this poor Kingdom which is too likely to ensue will not by the most interessed passionate or prejudicate Person be imputed to His Majesty His MAJESTY'S Message to both Houses May 19. in pursuance of the foregoing Message SInce His Majesty's Message of the twelfth of April in which he conceived He had made such an Overture for the immediate Disbanding of all Armies and Composure of these present miserable Distractions by a full and free Convention in Parliament that a perfect and settled Peace would have ensued hath in all this time above a full Month procured no Answer from both Houses His Majesty might well believe Himself absolved before God and Man from the least possible Charge of not having used His utmost endeavour for Peace Yet when He considers that the Scene of all this Calamity is in the Bowels of His own Kingdom that all the Blood which is spilt is of His own Subjects and that what Victory soever it shall please God to give Him must be over those who ought not to have lifted up their hands against Him when He considers that these desperate civil Dissentions may encourage and invite a Foreign Enemy to make a Prey of the whole Nation that Ireland is in present danger to be totally lost that the heavy Judgments of God Plague Pestilence and Famine will be the inevitable Attendants of this unnatural Contention and that in a short time there will be so general a habit of uncharitableness and Cruelty contracted throughout the Kingdom that even Peace it self will not restore His People to their old Temper and Security His Majesty cannot but again call for an Answer to that His Message which gives so fair a Rise to end these unnatural Distractions And His Majesty doth this with the more earnestness because He doubts not the condition of His Armies in several parts His strength of Horse Foot and Artillery His plenty of Ammunition which some Men lately might conceive He wanted is so well known and understood that it must be confessed that nothing but the Tenderness and Love to His People and those Christian Impressions which always have and He hopes always shall dwell in His heart could move Him once more to hazard a Refusal And He requires them as they will answer to God to Himself and all the World That they will no longer suffer their fellow-Subjects to welter in each others Blood that they will remember by whose Authority and to what end they met in that Council and send such an Answer to His Majesty as may open a door to let in a firm Peace and Security to the whole Kingdom If His Majesty shall again be disappointed of His Intentions herein the Blood Rapine and Distraction which must follow in England and Ireland will be cast upon the Account of those who are deaf to the motion of Peace and Accommodation CHARLES R. May 19. 1643. OUR express Pleasure is That this Declaration of the Lords and Commons of Parliament assembled at Oxford be read by the Parson Vicar or Curate in every Church and Chapel within Our Kingdom of England and Dominion of Wales MDCXLIV April 15. The Petition of the Lords and Commons of Parliament assembled at Oxford Presented to His MAJESTY the day before the Recess And His MAJESTY'S Gracious Answer to the same To the Kings most excellent
MAJESTY The humble Petition of the Lords and Commons of Parliament assembled at Oxford according to Your MAJESTY'S Proclamation WE most humbly acknowledge Your Princely Goodness in calling us to receive our Advices for preservation of the Religion Laws and Safety of the Kingdom and to restore it to its former Peace and Security How earnestly we have sought a Peace with Your Majesty's most gracious Concurrence doth appear by the printed Declaration of our Proceedings touching a Treaty for Peace wherein we aimed at a free and full Convention of Parliament as the most hopeful way to unite these unhappy Divisions And since that hath been refused we have applyed our Advices for supporting Your Armies the visible means now left for maintaining our Religion restoring the Laws and procuring the Safety of the Kingdom being assured from Your Majesty You do and will employ Your Armies to no other end And although our selves are most fully satisfied of Your Majesty's pious and just Resolutions herein yet because Fears and Jealousies have been and are maliciously scattered amongst Your Subjects to poison their Affections and corrupt their Loyalty to Your Majesty therefore to the end we may be enabled by Your gracious Answer to satisfie all the World or to leave them unexcusable who will not be satisfied we do in all humility present to Your Majesty these Petitions That Your Majesty will give direction for the re-printing Your Protestation made in the head of Your Army and Your other Declarations wherein Your constant Resolution is declared to maintain and defend the true reformed Protestant Religion and that the same may be with more diligence published amongst the People that so Your Princely Christian Zeal and Affection to that Religion and to maintain the same against all Popery Schism and Profaneness may be manifested and which we beseech Your Majesty upon this our Petition to declare again to all the World to the discountenance and suppression of those Scandals laid upon Your Majesty by those who disturb our Peace That when there may be a full and free Convention of Parliament a National Synod may be lawfully called to advise of some fit means for the establishing the Government and Peace of our Church to whom may be recommended a care for the ease of the tender Consciences of Your Protestant Subjects Touching our Laws we cannot ask more of Your Majesty than to declare and continue Your former Resolutions to hold and keep them inviolable and unalterable but by Act of Parliament And for avoiding the Scandal maliciously infused into many of Your Subjects that if Your Majesty prevail against this Rebellion You intend not to use the frequent Council of Parliaments we humbly pray and advise Your Majesty to declare the sincerity of Your Royal Heart therein to satisfie Your seduced Subjects against such false and malicious Aspersions And in respect the present Contributions Loans Taxes and other Impositions for maintenance of Your Armies have been submitted unto as Exigences of War and Necessity because of this unexampled Rebellion and Invasion we humbly beseech Your Majesty to Declare That they shall not be drawn into example nor continue longer than the present Exigence and Necessity nor be at any time mentioned as Precedents And that for the farther security of Your People Your Majesty will vouchsafe to promise Your Royal Assent to a Law to be made and declared to that purpose in a full and free Convention of Parliament And that for the present ease and encouragement of those under Contributions by Contract with Your Majesty You will be pleased that those Contracts may be so observed that Your Subjects may not have just cause of complaint against the Commanders Governors Officers or Souldiers of Your Army or of or in any Your Garrisons Castles or Forts for taking any Money Horses or other Cattel Provisions or other Goods or any Timber or Woods of any Your Subjects or Free-Billet or Free-Quarter in any place where the Contributions and Taxes agreed on are paid humbly beseeching Your Majesty's gracious Care herein and that the Offenders may receive exemplary punishment Lastly That Your Majesty will retain Your pious endeavours to procure the Peace of this languishing Kingdom not to be removed or altered by any advantages or prosperous success His MAJESTY'S Gracious Answer to the aforesaid Petition AS We shall always acknowledge the great Comfort and Assistance We have received by your Councils since your Meeting here according to Our Proclamation so We must give you very particular Thanks for the Expressions you have made in this Petition of your Confidence in Us and for the Care you have therein taken that all Our good Subjects may receive ample satisfaction in those things upon which the Good and Welfare of their Condition so much depends We have long observed though not without wonder the sly subtile and groundless Insinuation infused and dispersed amongst our People by the disturbers of the Publick Peace of Our favouring and countenancing of Popery And therefore as in Our constant visible practice We have to the utmost of Our Power and We hope sufficiently manifested the gross falshood of those Imputations and Scandals so We have omitted no opportunity of publishing to all the World the clear Intentions and Resolutions of the Soul in that point We wish from Our heart that the true Reformed Protestant Religion may not receive greater Blemish by the Actions and Practices of these Men than it doth or shall by any Connivence of Ours We will take the best care We can and We desire your assistance in it to publish to all Our good Subjects that Our Protestation and those Declarations you mention And We do assure you there is not an Expression in either of them for the maintenance and advancement of Our Religion with which Our Heart doth not fully concur and in which We shall be so constant that if it shall not please God to enable Us by Force to defend it We shall shew Our Affection and Love to it by dying for it We may without vanity say It hath pleased God to enlighten Our Understanding to discern the clear Truth of the Protestant Religion in which We have been born and bred from the Mists and Clouds of Popery the which if it hath made any growth or progress of late within the Kingdom as We hope it hath not is more beholding to the unchristian Rage and Fury of these Men than to any Connivence or Favour of Ours For a National Synod We have often promised it and when God shall give so much Peace and Quiet to this Kingdom that regular and lawful Conventions may be esteemed shall gladly perform that Promise as the best means to re-establish Our Religion and make up those Breaches which are made And We shall then willingly recommend unto them a special care of the ease of tender Consciences of Our Protestant Subjects as We have often expressed For the Laws of the Land We can say no more than We
refused to consent to the Bill presented to His Majesty after this for the levying more Money for Ireland justly fearing that the same might be used as the former had been And for the few Cloaths for there were no Moneys intercepted by his Majesties Souldiers in His Majesties Quarters which are said to be intended for Ireland the same were intercepted near Coventry and going thither after that City had refused to receive His Majesty though at the Gates But His Majesty never refused to give any safe Pass through His Quarters for any Goods or Provisions which were intended or prepared for Ireland neither was the same ever desired For the Extracts and Copies of the Letters delivered by us to your Lordships from the Lords Justices and Council of Ireland and the Officers of the Army we have been and are willing that your Lordships should compare them with the Originals but for your having the Names of the Persons who writ the same since there can be no doubt of the truth of our Assertions we conceive it not reasonable to desire the same not knowing what inconvenience any of them since you seem not to like that Advice might incur if at any time they should be found within your Quarters And having now satisfied your Lordships in the matter of the Cessation we shall gladly proceed in the Treaty with your Lordships upon any thing that may be apparently good for His Majesties Protestant Subjects there and the re-setling of that Kingdom in His Majesties Obedience Their Reply 18. Feb. WE do conceive that the Arguments used by us might have fully satisfied your Lordships against His Majesties Power to make a Cessation with the Rebels in Ireland having answered whatsoever your Lordships have hitherto alledged to the contrary and offered if any other Doubts yet remain by Conference to clear them which still we are ready to do and we have heard nothing just or reasonable for that Cessation It will be made evident that the Necessities which by your Lordships were made Excuses for the Cessation were created on purpose to colour the same and we are compelled by your Lordships Paper to let you know that the Committees of Parliament sent into Ireland to endeavour to supply their Necessities were discountenanced by the principal Instruments for that Cessation and when they had taken up 2000 l. upon their personal security for the Army there they were presently after commanded from the Council by a Letter brought thither from His Majesty by the Lord Ormond's Secretary and when the Officers of the Army were contented to subscribe for Land in satisfaction of their Arrears it was declared from His Majesty that He disapproved of such Subscriptions whereby that course was diverted And we do affirm that whatever Sums of money raised for Ireland were made use of by both Houses of Parliament were fully satisfied with advantage and as we are informed before the Bill mentioned in our former Paper was refused by His Majesty And for the Regiments of Horse and Foot mentioned by your Lordships to be raised for Ireland and imployed otherwise by the Houses of Parliament it is true that Forces were so designed and when the Money Arms and other Provisions were all ready and nothing wanting but a Commission from His Majesty for the Lord Wharton who was to command them the same could not be obtained which was the cause those Forces did not go thither and when twelve Ships and six Pinnaces were prepared with a thousand or more Land-Forces for the Service of Ireland and nothing desired but a Commission from His Majesty the Ships lying ready and staying for the same were three Weeks together at three hundred Pound a day charge yet the same was denyed though often desired And where your Lordships seem to imply that the Provision seized by His Majesties Forces were going for Coventry it was made known to His Majesty that the same were for Ireland And your Lordships must needs conceive that the Papers you delivered to us being but Extracts and for that you deny us so to compare them with the Originals as to have the Names of the Persons by whom they were written it is altogether unreasonable for us to give any credit to them it being manifest by this and our former Papers and Debates that the Cessation with the Rebels in Ireland is both unjust and unlawful We therefore insist on our Demands concerning Ireland as apparently good for His Majesties Subjects there and for reducing that Kingdom to His Majesties Obedience Before His Majesties Commissioners gave Answer to this last Paper they being also to answer the rest of the Demands concerning Ireland for their necessary Information touching some Doubts that did arise upon those Demands and the Articles of the Treaty of the 6 th of August concerning Ireland and Ordinances delivered with them the King's Commissioners gave in these several Papers The King's Commissioners First Paper 19. Feb. IN the eighth Article of the Treaty for the coming of the Scots Army into England dated 29. Novemb. 1643. at Edenburgh delivered to us by your Lordships among the Papers for Ireland and desired by the twelfth Proposition to be confirmed by Act of Parliament It is agreed that no Cessation nor any Pacification or Agreement for Peace whatsoever shall be made by either Kingdom without the mutual advice and consent of both Kingdoms or the 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 in Scotland shall not sit We desire to know whether that Article extend to any Cessation Pacification or Agreement in Ireland Their Answer 19. Feb. WE did in Answer to your Lordships Paper of the first of February upon the Propositions concerning Religion deliver the Treaty of the 29. of November 1643. mentioned by your Lordships and not among the Papers for Ireland to which it hath no relation The King's Commissioners Reply 20. Feb. YOur Lordships did deliver the Treaty of the 29. of November 1643. to us with the Papers concerning Ireland and on the 7. day of this instant February and not upon the first of February upon the Propositions concerning Religion Their Answer 20. Feb. WHen your Lordships peruse your Papers you will rest satisfied with our Answer of the 19. of this instant to your first Paper that day given to us for it will appear appear by your Lordships third Paper of the first of February and our Paper given to your Lordships in answer of it that the Treaty of the date at Edenburgh 29. Novemb. 1643. was delivered to your Lordships on the first of February upon the Proposition of Religion and not upon the third of February with the Papers concerning Ireland The Article of the Treaty of the 29. of November 1643. which occasioned these Papers being by their Papers thus acknowledged not to concern Ireland and so not pertinent to that Subject the Kings