heare and determine all differences that may occasion the same according to the Treaty and to do further accordingly as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of the Parliament in Scotland and in the intervalls of Parliaments from the Commissioners for the preservation of the publique Peace 3. To raise and joyne the Forces of both Kingdomes to resist all Forreigne Invasion and to suppresse any Forces raised within any of the Kingdomes to the disturbance of the publique Peace of the Kingdomes by any authority under the great Seale or other warrant whatsoever without consent of both Houses of Parliament in England and the Estates of the Parliament in Scotland or the said Commissioners of that Kingdome whereof they are Subjects and that in those cases of joynt concernment to both Kingdomes the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdomes 4. To order the Warre of Ireland according to the Ordinance of the 11th of Aprill and to order the Militia and conserve the peace of the Kingdome of Ireland 18. That His Majesty give his assent to what the two Kingdomes shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished 19. That by Act of Parliament all Peeres made since the day that Edward Lord Littleton then Lord Keeper of the Great Seale deserted the Parliament and that the said Great Seale was surreptitiously conveyed away from the Parliament being the 21 day of May 1642. And who shall be hereafter made shall not sit or Vote in the Parliament of England without consent of both Houses of Parliament and that all Honour and Title conferred on any without consent of both Houses of Parliament since the 20th day of May 1642. being the day that both Houses declared That the King seduced by evill Counsell intended to raise Warre against the Parliament be declared nul and voyd The like for the Kingdome of Scotland those being excepted whose Patents were passed the Great Seale before the 4th of Iune 1644. 20. That by Act of Parliament the Deputy or chiefe Governour or other Governours of Ireland be nominated by both Houses of Parliament or in the intervalls of Parliament by the Commissioners to continue during the pleasure of the said Houses or in the intervalls of Parliament during the pleasure of the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting And that the Chancellor or Lord Keeper Lord Treasurer Commissioners of the Great Seale or Treasury Lord Warden of the Cinque-Ports Chancellors of the Exchequer and Dutchee Secretaries of State Judges of both Benches and of the Exchequer of the Kingdomes of England and Ireland be nominated by both Houses of Parliament to continue quà m diu se bene gesserint and in the intervalls of Parliament by the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland adding the Justice Generall and in such manner as the Estates in Parliament there shall thinke fit 21. That by Act of Parliament the Education of Your Majesties Children and the Children of Your Heires and Successors be in the true Protestant Religion and that their Tutors and Governors be of knowne integrity and be chosen by the Parliaments of both Kingdomes or in the intervalls of Parliaments by the aforenamed Commissioners to be approved or disallowed by both Parliaments at their next sitting And that if they be Male they be Married to such onely as are of the true Protestant Religion if they be Female they may not be married but with the advice and consent of both Parliaments or in the intervalls of Parliament by their Commissioners 22. That your Majesty will give your Royall assent to such wayes and meanes as the Parliaments of both Kingdomes shall think fitting for the uniting of the Protestant Princes and for the entire restitution and Reestablishment of Charles Lodwick Prince Elector Palatine His Heires and Successors to His Electorall Dignity Rights and Dominions Provided that this extend not to Prince Rupert or Prince Maurice or the Children of either of them who have been the Instruments of so much bloudshed and mischiefe against both Kingdomes 23. That by Act of Parliament the concluding of Peace or Warre with Forraigne Princes and States be with advice and consent of both Parliaments or in the intervalls of Parliaments by their Commissioners 24. That an Act of Oblivion be passed in the Parliaments of both Kingdomes respectively relative to the Qualifications in the Propositions aforesaid concerning the joynt Declaration of both Kingdomes with the exception of all Murderers Theâ—ves and other Offendors not having relation to the Warre 25. That the Members of both houses of Parliament or others who have during this Parliament been put out of any Place or Office Pension or benefit for adhering to the Parliament may either be restored thereunto or otherwise have Recompence for the same upon the humble desire of both Houses of Parliament The like for the Kingdome of Scotland 26. That the Armies may be Disbanded at such time and in such manner as shall be agreed upon by the Parliaments of both Kingdomes or such as shall be authorised by them to that effect 27. That an Act be passed for the granting and confirming of the Charters Customes Liberties and Franchises of the City of London notwithstanding any Non-user Mis-user or Abuser That the Militia of the City of London may be in the ordering and Government of the Lord Major Aldermen and Commons in Common-Councell assembled or such as they shall from time to time appoint whereof the Lord Major and Sheriffs for the time being to be there And that the Militia of the Parishes without London and the Liberties within the weekly Bills of Mortality may be under Command of the Lord Major Aldermen and Commons in Common-Councell of the said City to be ordered in such manner as shall be agreed on and appoynted by both Houses of Parliament That the Tower of London may be in the Government of the City of London and the Chiefe Officer and Governour thereof from time to time be nominated and removeable by the Common-Councell That the Citizens or forces of London shall not be drawn out of the City into any other parts of the Kingdome without their own consent and that the drawing of their Forces into other parts of the Kingdome in these distracted times may not be drawn into example for the future And for prevention of Inconveniencies which may happen by the long intermission of Common-Councels It is desired that there be an Act that all By-Lawes and Ordinances already made or hereafter to be made by the Lord Major Aldermen and Commons in Common-Councell assembled touching the calling continuing directing and regulating of the same shall be as effectuall in Law to all intents and purposes as if
Sir Orlando Bridgeman Sir Thomas Gardiner Mr Iohn Ashburnham and Mr Ieffery Palmer or any tenne of them upon the Propositions formerly sent to His Majesty for a safe and well grounded Peace from His Majesties humble and Loyall Subjects assembled in the Parliaments of both Kingdoms Together with Doctor Stuard upon the Propositions concerning Religion only And upon His Majesties Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Io. BROWNE Cler. Parliam The same last of Ianuary their Commissioners delivered to His Majesties Commissioners this paper Ianuary 31. HAving considered your Commission and Power from His Majesty given in last night by your Lordships we find that XVIII you are authorized to treat only upon certain Propositions sent to His Majesty from the Lords and Commons of Parliament assembled at Westminster and upon His Majesties Answers Messages and Propositions to them and their returnes to his Majesty Wherein we observe that the Propositions sent to His Maiesty from His Maiesties Loyall Subiects assembled in the Parliaments of both His Kingdoms are mentioned to be sent to His Maiestie from the Lords and Commons of Parliament assembled at Westminster and upon His Maiesties Answers Messages and Propositions to them and their Returnes to His Maiesty that a Treaty is to begin And wherein We also observe you have no Power thereby to Treat upon the Propositions sent to His Maiesty from His humble and Loyall Subiects Assembled in the Parliaments of both Kingdoms and the Answers Messages and Propositions sent from His Maiesty to the Lords and Commons Assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland then at London and their returnes to His Maiestie We desire those defects may be cleared and speedily amended The King's Commissioners Answer 31. January WE conceive Our Power being to Treat upon the Propositions XIX brought by the Earle of Denbigh and others and those Propositions being sent from the Parliaments of both Kingdomes there need no mention of the Parliaments of both Kingdomes in that place but that Our power is ample to Treat with your Lordships upon the whole both by expresse words and by other generall words in the Commission which give power to Treat upon those Propositions or any other which generall words are not observed by your Lordships in your paper And Our power is to Treat with the Lords and others authorized for the Estates of the Parliament of Scotland by name yet since you insist upon it it shall be altered by Tuesday next And in the meane time if your Lordships please We desire * The Papers intended are the Propositions concerned Religion which were not then delivered the papers promised yesterday in the paper delivered by the Earle of Northumberland may be delivered unto Vs that there may be as little losse of time as may be Their Reply 31. Ian. IN answer to your Lordships Paper concerning your Power to XX. Treat we are content to proceed in the Treaty with your Lordships in expectation that the Defects mentioned by us in our Paper shall be supplyed by Tuesday next On Munday the third of February the Kings Commissioners did deliver their Commission renewed as followeth CHARLES R. WHereas certaine Propositions were sent unto us from XXI the Lords and Commons Assembled in the Parliament of England at Westminster and from the Commissioners of the Parliament of Scotland which were brought unto Vs at Oxford in November last by the Earle of Denbigh and others and upon Our Answers c. as followeth verbatim in His Majesties former Commission Touching the manner of the Treaty The KING's Commissioners Paper 31. January WE desire to the end there may be a greater Freedom XXII in debate which We conceive will much conduce to the happy conclusion of this Treaty that nothing may be understood to be concluded on either side but what is delivered in Writing according as your Lordships have begun And we declare That what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudiciall to either Party if the Treaty break off upon any other Proposition or part of any other Proposition Their Answer 31. Ianuary WEE shall deliver our Demands and Answers in Writing XXIII and desire your Lordships to doe the like The King's Commissioners Reply 1. Feb. WEE desire a full Answer of our Paper that nothing XXIV shall be taken as agreed upon but what is put in writing and your Concurrence in declaring that what shall be delivered in writing upon any Proposition or upon any part of a Proposition shall not be binding or prejudiciall to either Party if the Treaty breake off Their further Answer 1. February ACcording to our former Paper we shall deliver our demands XXV and answers in writing and we desire your Lordships to doe the like and nothing shall be taken as agreed upon but what is put in writing And we shall acquaint the Houses of Parliament that you have declared what shall be delivered in Writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudiciall to either Party if the Treaty break off 3. February IN answer to your Lordships Paper formerly delivered we doe XXVI declare that what shall be delivered in Writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudiciall to either Party if the Treaty breake off upon any other Propositions or part of any Proposition Touching the Seditious Sermon The KING's Commissioners Paper 31. Ianuary WEE have certaine Information from divers Persons XXVII It was on Thursday being Market day and the first day of the Meeting present in Vxbridge Church yesterday that there was then a Sermon Preached by one Mr Love in which were many passages very Scandalous to His Majesties Person and derogatâ—ry to His Honour stirring up the people against this Treaty and incensing them against Vs telling them That we come with hearts full of Bloud and that there is as great distance between this Treaty and Peace as between Heaven and Hell or words to that effect with divers other Seditious passages both against His Majesty and this Treaty We know His Majesties hearty desire of a happy and well grounded Peace such as may be for Gods Honour and the good of all His Subjects as well as himselfe And we that are entrusted by His Commission come with cleare Intentions to serve Him in it according to our Consciences and the best of our Iudgements And this being Preached in your Quarters where we are now under safe Conduct We desire your Lordships to consider how much this may reflect upon our Safety how much it may prejudice and blast the blessed hopes of this Treaty and how just offence and distrust it may beget in His Majesty
Offered if any other doubts yet remaine by conference to cleare them which still we are ready to doe And we have heard nothing just or reasonable for that Cessation It will be made evident that the necessities which by your Lordships were made excuses for the Cessation were created on purpose to colour the same and we are compelled by your Lordships paper to let you know that the Committees of Parliament sent into Ireland to endeavour to supply their necessities were discountenanced by the principall instruments for that Cessation and when they had taken up 2000l upon their personall security for the Army there they were presently after commanded from the Councell by a Letter brought thither from His Majesty by the Lord Ormonds Secretary And when the Officers of the Army were contented to subscribe for Land in satisfaction of their Arreares it was declared from His Majesty that He disapproved of such subscriptions whereby that course was diverted And we doe affirme that what ever summes of money raised for Ireland were made use of by both Houses of Parliament were fully satisfied with advantage and as we are informed before the Bill mentioned in our former paper was refused by His Majesty And for the Regiments of Horse and Foot mentioned by your Lordships to be raised for Ireland and imployed otherwise by the Houses of Parliament It is true that Forces were so designed and when the Money Armes and other Provisions were all ready and nothing wanting but a Commission from His Majesty for the Lord Wharton who was to Command them the same could not be obtained which was the cause those Forces did not goe thither and when twelve Shipps and six Pinnaces were prepared with 1000 or more land Forces for the service of Ireland and nothing desired but a Commission from His Majesty the Shipps lying ready and staying for the same were three weeks together at 300l a day charge yet the same was denyed though often desired And where your Lordships seem to imply that the provisions seized by His Maiesties Forces were going for Coventrey it was made known to His Maiesty that the same were for Ireland And your Lordships must needs conceive that the papers you delivered to us being but Extracts and for that you deny us so to compare them with the Originalls as to have the names of the Persons by whom they were Written it is altogether unreasonable for us to give any credit to them it being manifest by this and our former papers and debates that the Cessation with the Rebels in Ireland is both unjust and unlawfull We therefore insist on our demands concerning Ireland as apparently good for His Maiesties Subjects there and for reducing that Kingdom to His Maiesties Obedience Before His Maiesties Commissioners gave answer to this last paper they being also to answer the rest of the demands concerning Ireland for their necessary information touching some doubts that did arise upon those demands and the Articles of the Treaty of the 6th of August concerning Ireland and Ordinances delivered with them the Kings Commissioners gave in these severall papers The King's Commissioners first Paper 19. February IN the eight Article of the Treaty for the comming of the CL. Scots Army into England dated 29. Nov. 1643. at Edenbourgh delivered to us by your Lordships among the papers for Ireland and desired by the 12th Proposition to be confirmed by Act of Parliament It is agreed that no Cessation nor any Pacification or agreement for Peace whatsoever shall be made by either Kingdome without the mutuall advice and consent of both Kingdomes or the Committees in that behalfe appoynted who are to have full power for the same in case the Houses of the Parliament of England or the Parliament or Convention of Estates of Scotland shall not sit We desire to know whether that Article extend to any Cessation Pacification or Agreement in Ireland The Answer 19. Febr. WE did in answer to your Lordships Paper of the first of CLI February upon the Propositions concerning Religion deliver the Treaty of the 29th of November 1643. mentioned by your Lordships and not among the Papers for Ireland to which it hath no relation The King's Commissioners Reply 20. February YOur Lordships did deliver the Treaty of the 29th of November CLII. 1642. to us with the Papers concerning Ireland and on the 7th day of this instant February and not upon the first of February upon the Propositions concerning Religion Their Answer 20. Feb. WHen your Lordships peruse your Papers you will rest CLIII satisfied with our Answer of the 19th of this instant to your first Paper that day given to us for it will appeare by your Lordships 3d Paper of the first of February and our Paper given to your Lordships in answer of it that the Treaty of the date at Edenbourgh 29 Novemb. 1643. Was delivered to your Lordships on the first of February upon the Proposition of Religion and not upon the 3d of February with the Papers concerning Ireland The Article of the Treaty of the 29. of November 1643. which occasioned these Papers being by their Papers thus acknowledged not to concerne Ireland and so not pertinent to that subject the Kings Commissioners insisted no farther The King's Commissioners second Paper 19. February BY the 13th Proposition it is demanded that an Act be CLIV. passed to settle the prosecution of the Warre of Ireland in both Houses of Parliament of England to be managed by the joynt advices of both Kingdoms We desire to know Whether if the two Kingdoms shall not agree in their advice touching that Warre each have a Negative voyce or whether the Scots Commander in chiefe of the Forces in Ireland may manage that Warre in such case according to his own discretion Their Answer 19. Febr. IN answer to your Lordships second paper the prosecution of CLV the Warre of Ireland is to be setled in the two Houses of the Parliament of England but is to be managed by a joynt Committee of both Kingdoms wherein the Committee of each Kingdom hath a Negative voyce but in case of disagreement the Houses of Parliament of England may prosecute the Warre as they shall think fit observing the Treaty of the sixth of August 1642. between the two Houses and the Estates of the Parliament of Scotland and the Ordinance of the 11th of April 1644. delivered to your Lordships formerly The King's Commissioners third paper 19. February BY the 20th Proposition in the Intervals of Parliament the CLVI Commissioners for the Militia have power to nominate the Lord Deputy of Ireland and other Officers aâ—d Judges there We desire to know whether that power be limited to the Commissioners of both Kingdoms or only to the Commissioners for England and whether in such cases the Commissioners in Scotland shall vote as single persons Their Answer 19. Feb. THe power of the Commissioners in the Intervals of Parliament CLVII to nominate the Lord Deputy
Enacted by the King 's most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the authority of the same that from and after the fifth day of November in the yeare of our Lord one Thousanâ— six Hundred fortie and three there shall be no Arch-Bishop Bishop Chancellour or Commissarie of any Arch-Bishop or Bishop nor any Deane Sub-Deane Deane and Chapter or Arch-Deacon nor any Chancellour Chaunter Treasurer Sub-Treaâ—urer Succentor or Sacrist of any Cathedrall or Collegiate Church nor any Prebendary Canon Canon-Residenciary Petty-Canon Vicar Chorall Choristers Old-Vicars or new-Vicars of or within any Cathedrall or Collegiate Church or any other their Officers within this Church of England or Dominion of Wales And that from and after the said fifth day of Novemb. the Name Title Dignity Iurisdiction Office and Function of Arch-Bishops Bishops their Chancellours and Commissaries Deanes Sub-Deanes Deanes and Chapters Arch-Deacons Canons and Prebendaries and all Chaunters Chauncellours Treasurers Sub-Treasurers Succentors and Sacrists and all Vicars Corall and Choristers old-Vicars and new-Vicars and every of them and likewise the having using or exercising of any Power Iurisdiction Office or Authority by reason or colour of any such Name Title Dignity office or Function within this Realme of England or Dominion of Wales shall thenceforth cease determine and become absolutely voyd and shall be abolished out of this Realme and the Dominion of Wales any Vsage Law or Statute to the conâ—rary in any wise notwithstanding And that from and after the said fifth day of November no Person or Persons whatsoever by virtue of any Letters Patents Commission or other authority derived from the Kings Majestie His Heires or Successors shall use or exercise any Iurisdiction Ecclesiasticall within this Realme or Dominion of Wales but such and in such manner as shall be appointed and established by Act of Parliament And that all Counties Palatine Mannors Lordships Castles Granges Messuages Mills Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parks Annuitiâ—s Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entrie Interests Titles of Entrie Conditions Commons Courts-Leete and Courts-Baron and all other Possessions and Herediments whatsoever of what nature or quality soever they be or wheresoever they lie or be other then Impropriations Parsonages Appropriats Tithes Oblations Obventions Pention Portions of Tithes Parsonages Vicarages Churches Chappâ—ls Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were of or belonging unto any Arch-Bishop Bishop Arch-bishâ—prick or Bishopâ—iâ—k or any of them or which they or any of them held or injoyâ—d in right of their said Arch-bishâ—prick or Bishoprick respectively shall by the authority of Parliament be vested adjudged and deemed to be and shall be in the very real and actuall possession and seisin of the Kings Majesty His Heires and Successors And shall have hold possesse and enioy the same to Him His Heires and Successors without any Entrie or other Act whatsoever and that the Kings Maiestic His Heires and Successors His and their Lessees Farmers and Tenants shall hold anâ—â—nâ—oy the same discharged and acquitted of payment of Tithes as fâ—eely and in as large ample and beneficiall meanes to all intents and purposes as any Arch-Bishop or Bâ—shop at any time or times within the space of two yeares last past held or injoyed or of right ought to have held or inioyed the same Provided neverthelesse and be it enacted by the authority aforesaid that all Leases Grants Guifts Letters Patents Conveyances Assurances or Estates whatsoever hereafter to be made by the Kings Maiestie His Heires or Successors of any the Mannors Lands Tenements Hereditaments which in or by this Act shall come or be limited or disposed of unto His Maiestie His Heires or Successors other then for the Terme of one and twenty yeares or three Lives or some other Terme of yeares determinable upon one two or three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearely Rent or more shall be reserved and payable yearely during the said Terme And whereof any former Lease is in being not to be expired surrendred or ended within three yeares after the making of any such new Lease shall be utterly voyd and of none effect to all intents constructions and purposes any clause or words of non obstante to be put in any such Patent Graunt Conveyance or Assurance and any Law Vsage Custome or any thing in this Act to the contrary in any wise notwithstanding And be it further Enacted and Ordained that all Impropriations Parsonages Appropriate Tithes Oblations Obventions Portions of Tithes Parsonages Vicaridges Churches Chappels Advowsons Nominations Collations rights of Patronage and Presentation which now are or lately were belonging unto any Arch-Bishop or Bishop Arch-bishoprick or Bishoprick And all Mannors Castles Lordships Granges Messuages Mills Lands Tenements Meadowes Pastures Woods Rents Reversions Services Parsonages Appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicaridges Churches Chappels Advowsons Nominations rights of Patronage and Presentation Parkes Arnuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entrie Interests Titles of Entire Conditions Commons Courts Leete and Courts Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be which now are or lately were of or belonging to any Sub-Deane Deane Deane and Chapter Arch-Deacon Chanter Chancellor Treasurer Sub Treasurer Succentor Sacrist Prebendary Cannon Cannon Residentiaâ—ie Petty-Cannon Vicars Chorall Choristers old Vicâ—rs and â—ew Vicars or any of them or any of the Officers of them or any of them which they held or inioyed in right of their said Dignities Churches Corporations Offices or Places respectively shall by Authority of this present Parliament be Vested Adjudged and deemed to be and shall be in the very reall and actuall Possession and Seisin of Sr William Roberts Knight Thomas Atkins Sr Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esquire Peter Malborne Esquire and they shall have hold possesse and enioy the same to them their Heires and Assignes without any Entrie or other Act whatsoever and that for themselves their Lessees Farmers and Tennants discharged and acquitted of payment of Tithes as freely and in as large ample and beneficiall manner to all Intents and Purposes as any of the Persons or Corporations whose offices or places are taken away by this Act at any time or times within the space of two yeares now last past held or enjoyed or of right ought to have held or enjoyed the same In trust and Confidence neverthelesse and to the intent and purpose that they the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wolâ—aston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peter Malborne Esqu and the Survivors and Survivor of them his and their heires Assignes shall satisfie
and pay unto all and every Arch-Bishop Bishop Deane Sub-deane Arch-Deacon Chanter Chancellour Treasurer Sub-Treasurer Succentor Sacrist â—rebendary Cannon Cannon Residentiary Pettie Cannon Vicars Chorall Choristers old Vicars and new Vicars and other Officers and persons belonging unto or now imployed in or about the said Cathedrall or collegiate Churches such yearely Stipends and Pensions for so long time and in such manner as by the Lords and Commons in Parliament Assembled shall be ordered dirâ—cted and appointed And shall dispose of all and singular the aforesaid Mannors Lands Tithes Appropriations Advowsons Tenements Hereditaments and other the Premisses and of every part and parcell thereof and of the Revenues Rents Issues and profits thereof to the uses intents and purposes above and hereafter expressed that is to say for a competent maintenance for the suâ—port of such a number of preaching Ministers for the service of every Caâ—heâ—rall and collegiate Church and His Majesties free Chappell of Windsor as by the Lords and Commons shall be ordered and appointed And likâ—wise for the maintenance of preaching Ministers throughout the Kingdom of Eâ—gland Dommion of Wales and Town of Barwâ—â—k in such places where such maintenance is wanting and for a proportionable allowance for and towards the reparation of the said Cathedrall and collegiate Churches in such manner and forme and to such persons and for such other good uses to the advancement of true Religion and the maintenance of Piety and Learning as by this or any other Act or Acts of Parliament now or hereafter to be made shall be set down or declared And be it further enacted by the Authority aforesaid that all Leases Guifts Grants Conveyances Assurances and Estates whatsoever hereafter to be made by the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peeter Malbourne Esqu the Survivors and Survivor of them or the greater part of them his and their Heires and Assignes of any the Mannors Lands Tenements or Hereditaments within or by this Act shall come or be limited or disposed of unto the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peeter Malbourne Esquire other then for the Terme of one and Twenty yeares or three Lives or some other Terme of yeares determinable upon one two or three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearely Rent or more shall be reserved and payable yearely during the said Terme whereof any former Lease is in being and not to be Expired surrendred or ended within three yeares after the making of such Lease shall be utterly voyd and of none effect to all Intents Constructions and purposes any thing in this Act to the contrary in any wise notwithstanding Provided neverthelesse where no Lease hath been heretofore made nor any such Rent hath been reserved or payable of any the Lands Tenements or Hereditaments in this Act limited or disposed of unto the said Sir Williâ—m Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohâ— Packer Esqu Peter Malbourne Esqu that in such case it shall be lawfull for the said Sir William Roberts Knigâ—t Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peter Malbâ—urne Esqu the Survivors and Survivor of them or the greater part of them his and their Heires to make any Lease or state for the Terme of one and Twenty yeares or three Lives or some other Terme of yeares determinable upon one two or three Lives and not above taking such Fine as they in their Judgements shall conceive indifferent and reserving a reasonable Rent not being under the third part of the clear yearely value of the Lands Tenements or Hereditaments contained in such Lease And it is further Declared to be the true intent and meaning of this Act That all and every the Lessees Farmors and Tenants of all and every the said Persons and Corporations whosâ— Offices or places are taken away by this Statute now having holding or enjoying any Estate Terme or Interest in possession by himselfe his under Tenants or Assignes of or in any Mannors Lands Tenements Appropriations or other Hereditaments whatsoever shall and may be preferred in the taking and renuing of any Estates Leases or Grants of any such Mannors Lands Tenements or Hereditaments before any other Person the said Lessees Farmors or Tenants or other Parties interessed as aforesaid desiring the same and giving such Fines Rents and other considerations for the same as by the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Peter Malbourne Esquires or the Survivors or Survivor of them or the major part of them his or their Heires or Assignes shall be thought and held just and reasonable Provided also and be it enacted by the Authority aforesaid that all and singular Revenues Rents Issues Fees Profits Summes of Money and allowances whatsoever as have heretofore been and now ought to be paid disposed or allowed unto or for the maintenance of any Grammer Schoole or Schollars or for or towards the Reparation of any Church Chappell High-way Causey Bridge Schoole-house Almes-house or other charitable use payable by any the Corporations or Persons whose Offices or places are taken away by this Act or which are chargeable upon or ought to issue out of or be paid for or in respect of the said premisses or any of them shall be and continue to be paid disposed and allowed as they were and have been heretofore any thing in this present Act to the contrary thereof notwithstanding And to the intent and purpose the Parliament may be certainly and clearly informed of the premisses to the end the same may be distributed applied imployed to and for such pious and godly uses and purposes as is intended and herein declared Be it ordained and enacted that the Lord Keeper of the Great Seale of England for the time being shall by vertue of this Act have full Power and Authority and is hereby required to award and issue forth severall Commissions under the Great Seale of England into all and every the Counties and Cities with in the Kingdome of England and Dominion of Wales to be directed unto such and so many Persons as bâ— the Lords and Commons in this present Parliament assembled shall be nominated assigned and appointed thereby authorizing and requiring thâ—m or any five or more of them and giving them full Power and â—uthority by the Oathes of good and lawfull men as by all other good and lawfull wayes and meanes to inquire and find out what Mannors Castles Lordships Granges Messuages Lands Tenements Meadowes Leasues Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions
joyntly made use of with the Publique Faith of the Kingdom of England for the present taking up of two hundred thousand pounds sterling in the Kingdom of England or else where For the speedy procuring of the said Hundred Thousand pounds sterling as aforesaid As also a considerable summe for the satisfying in good proportion the Arreares of the Scottish Army in Ireland 8. That no Cessation nor any Pacification or Agreement for Peace whatsoever shall be made by either Kingdom or the Armies of either Kingdom without the mutuall advice and Consent of both Kingdoms or their Committees in that behalf appointed who are to have full Power for the same in case the Houses of the Parliament of England or the Parliament or convention of Estates of Scotland shall not sit 9. That the Publique Faith of the Kingdome of Scotland shall be given to their Brethren of England That neither their entrance into nor their continuance in the Kingdome of England shall be made use of to any other ends then are expressed in the Covenant and in the Articles of this Treaty And that all matters of difference that shall happen to arise between the Subjects of the two Nations shall be resolved and determined by the mutuall advice and consent of both Kingdomes or by such Committees as for this purpose shall be by them appointed with the same power as in the precedent Article 10. That in the same manner and upon the same conditions as the Kingdome of Scotland is now willing to ayde and assist their Brethren of England the Kingdome of England doth oblige themselves to ayd and assist the Kingdome of Scotland in the same or like cases of streights and extremities 11. Lastly it is agreed and concluded That during the time that the Scottish Army shall be imployed as aforesaid for the defence of the Kingdome of England There shall be fitted out as Men of Warre Eight Ships whereof sixe shall be of Burthen betwixt one hundred and Twenty and two hundred Tonne the other between three and foure hundred Tonâ—e whereof two shall be in Lieu of the two Ships appointed by the Irish Treaty All which shall be maintained at the charge of the Kingdome of England to be imployed for the defence of the Coast of Scotland under such Commanders as the Earle of Warwick for the time of his being Admirall shall nominate with the approbation of the Committees of both Kingdomes which Commanders shall receive from the said Earle generall Instructions that they doe from time to time observe the directions of the Committees of both Kingdomes The Ordinance for calling the Assembly of Divines An Ordinance of the Lords and Commons in Parliament for the calling of an Assembly of Learned and Godly Divines and others to be consulted with by the Parliament for the setling of the Government and Liturgy of the Church of England and for vindicating and clearing of the Doctrine of the said Church from false aspertions and interpretations WHereas amongst the infinite blessings of Almighty V. God upon this Nation none is or can be more deare unto us then the purity of our Religion and for that as yet many things remaine in the Liturgy Discipline and Government of the Church which do necessarily require a further and more perfect Reformation then as yet hath been attained and whereas it hath bin declared and resolved by the Lords and Commons assembled in Parliament that the present Church government by Arch-bishops Bishops their Chancellors Commissaries Deanes Deanes and Chapters Arch-deacons and other Ecclesiasticall Officers depending upon the Hierarchy is evill and iustâ—y offensive and burthensome to the Kingdom a great impedimeâ—t to Reformation and growth of Religion and very preiudicialâ— to the State and government of this Kingdom and thâ—â— therefore they are resolved that the same shall be taken away and that such a government shall be setled in the Church aâ— may be most agreeable to Gods holy word and most apt to proâ—ure and preserve the peace of the Church at home and neerer agreement with the Church of Scotland and other reformed Churches abroad and for the better effecting hereof and for the vindicating and clearing of the doctrine of the Church of England from all false calumnies and aspersions It is thought fit and necessary to call an Assembly of Learned Godly and judicious Divines who together with some Members of both the Houses of Parliament are to consult and advise of such matters and things touching the premises as shall be proposed unto them by both or either of the Houses of Parliament and to give their advice and counsell therein to both or either of the said Houses when and as often as they shall be thereunto required Be it therefore ordained by the Lords and Commons in this present Parliament assembled That all and every the persons hereafter in this present Ordinance named that is to say Algernon Earle of Northumberland William Earle of Bedford Philip Earle of Pembroke and Montgomery William Earle of Salisbury Henry Earle of Holland Edward Earle of Manchester William Lord Viscount Say and Seale Edward Lord Viscount Conway Philip Lord Wharton Edward Lord Howard of Estr John Selden Esqu Francis Rows Esqu Edmund Prideaux Esqu Sr Henry Vane Knight senior Iohn Glyn Esqu Recorder of London Iohn White Esqu Bouldstrode Whitlocke Esqu Humphrey Salloway Esqu M. Serjcant Wild Oliver Saint-John Esqu His Majesties Sollicitor Sr Benjamen Rudyard Knight Iohn Pym Esq Sir John Clotworthy Knight Iohn Maynard Esqu Sir Henry Vane Knight junior William Pierpoint Esqu William Wheeler Esqu Sir Thomas Barrington Knight Walter Young Esqu Sir John Evelin Knight Herbert Palmer of Ashwell Batchelor in Divinity Oliver Boles of Sutton Batchelor in Divinity Henry Wilkinson of Waddesdon Batchelor in Divinity Thomas Valentine of Chalfont-Giles Batchelor in Divinity D William Twiss of Newbury William Raynor of Egham Mr. Hannibal Gammon of Maugan Mr. Iasper Hickâ— of Lawrick Dr. Joshua Hoyle late of Dublin in Ireland William Bridges of Yarmouth Thomas Wincop of Ellesworth Doctor in Divinity Thomas Goodwin of London Bâ—tchelor in Divinity Iohn Ley of Budworth in Cheshire Thomas Case of London Iohn Pyne of Bereferrers Mr. Whidden of Mooreton Dr. Richard Love of Ekington Dr. William Gouge of Blackfriers London Dr. Ralph Brownerigg Bishop of Exeter Dr. Samuel Ward Master of Sidney Colledge Iohn White of Dorchester Edward Peale of Compton Stephen Marshall of Finchingfild Batchellor in Divinity Obediah Sedgewicke of Cogshall Batchellor in Divinity M. Carter Peter Clerk of Carnaby William Mew of Estington Batchellor in Divinity Richard Capell of Pitchcomb Theophilus Bathurst of Overton Watervile Phil. Nye of Kimbolton D. Brocket Smith of Barkway D. Cornelius Burges of Watford John Greene of Pencombe Stanley Gower of Brampton-Bryan Francis Taylor of Yalding Tho. Wilson of Otham Antho. Tuckney of Boston Batchellor of Divinity Thomas Coleman of Bliton Charles Herle of Winwicke Richard Herricke of Manchester Richard Cleyton of Showell George Gibbs of Ayleston D. Calibute Downing
deluding the Lawes and for the better discovering and speedy conviction of Recusants an Oath be Established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory worshipping of the consecrated Hoast Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appoynted by the said Act to be sufficient conviction in Law of Recusancie 7. An Act of Parliament for education of the Children of Papists by Protestants in the Protestant Religion 8. An Act for the true leavying of the penalties against them which penalties to be leavyed and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no losse 9. That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Lawes against them duely executed and a stricter course taken to prevent the saying or hearing of Masse in the Court or any other part of this Kingdome 10. The like for the Kingdome of Scotland concerning the foure last preceeding Propositions in such manner as the Estates of Parliament there shall thinke fit 11. That the King doe give His Royall Assent To an Act for the due observation af the Lords day And to the Bill for the suppression of Innovations in Churches and Chappell 's in and about the Worship of God And for the better advancement of the Preaching of Gods holy Word in all parts of this Kingdome And in the Bill against the enjoying of Plaralities of Benefices by spirituall Persons and non-Residencie And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Vniversities of the Colledges of Westminster Winchester and Eaton And to an Act in like manner to be agreed upon for the suppression of Interludes and Stage-playes This Act to be perpetuall And to an Act for the taking the Accompts of the Kingdom And to an Act to be made for reliefe of sick and maymed Souldiers and of poor Widdowes and children of Souldiers And to such Act or Acts for raising of Moneyâ— for the payment and satisfying of the publique Debts and Damages of the Kingdome and other publique uses as shall hereafter be agreed on by both Houses of Parliament And to an Act or Acts of Parliament for taking away the Court of Wards and Liveries and all Wardships Liveries Primer seisins and Ouster le maynes and all other charges incident or arising for or by reason of Wardship Livery Primer seisin or Ouster le Maine And for the taking away of all tenures by homage and all Fines Licenses Seisures and Pardons for alienation and all other charges incident thereunto and for turning of all Tenures by Knights service either of His Majesty or others or by Knights service or soccage in Capite of His Majesty into free and common soccagâ— And that His Majesty will please to accept in recompence hereof one hundred thousand pounds per annum And give assurance of his consenting in the Parliament of Scotland to an Act ratifying the Acts of Convention of the Estates of Scotland called by the Councell and Conservatory of Peace and the Commissioners for the common Burthens and assembled the 22 day of Iune 1643. and severall times continued since in such manner and with such additions and other Acts as the Estates convened in this present Parliament shall thinke convenient 12. That an Act be passed in the Parliament of both Kingdomes respectively for confirmation of the Treaties passed betwixt the two Kingdoms viz. the large Treaties the late Treaty for the comming of the Scots Army into England and the setling of the Garrison of Berwick of the 29 of November 1643. And the Treaty concerning Ireland of the 6th of August 1642. with all other Ordinances and proceedings passed betwixt the two Kingdomes in pursuance of the said Treaties 13. That an Act of Parliament be passed to make voyd the Cessation of Ireland and all Treaties with the Rebels without consent of both Houses of Parliament and to settle the prosecution of the Warre of Ireland in both Houses of Parliament to be mannaged by the joynt advice of both Kingdomes And the King to assist and to doe no Act to discountenance or molest them therein 14. That an Act be passed in the Parliament of both Kingdomes respectively for establishing the joynt Declaration of both Kingdomes bearing date the 30th of Ianuary 1643. in England and 1644 in Scotland with the qualifications ensuing 1. That the Persons who shall expect no Pardon be onely these following RUPERT and MAURICE Count Palatines of the Rhene Iames Earle of Derby Iohn Earle of Bristoll William Earle of Newcastle Francie Lord Cottington Iohn Lord Pawlet George Lord Digby Edward Lord Littleton William â—aud Arch-bishop of Canterbury Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Derty Sir Iohn Byron Knight William Widdrington Colonell George Goring Henry â—ermin Esq Sir Ralph Hopton Sir Francis Doddington M Endymion Porter Sir George Ratcliffe Sir Marmacuke Langdale Sir Iohn Hotham Captain Iohn Hotham his sonne Sir Henry Vaughan Sir Francis Wirdebanke Sir Richard Greenvile M r Edward Hyde Sir Iohn Marley Sir Nicholas Cole Sir Thomas Riddell Iunior Colonell Ware Sir Iohn Strangwayes Sir Iohn Culpepper Sir Richard Floyd Iohn Bodvile Esq M. David Ienkins Sir George Strode Sir Alexander Carew Marquisse of Huntley Earle of Montrosse Earle of Niddisdaill Earle of Traquayre Earle of Carnewath Viscount of Aubayne Lord Ogleby Lord Rae Lord Harris Lodwick Lindsey some time Earle of â—rawford Patrick Ruthen sometime Earle of Forth Iames King sometimes Lord Ethyn â—â—uing younger of Drunim Gordon younger of Gight Lesley of Auchintoâ—le Sir Robert Spotswood of Dumipace Colonell Iohn Cockram Mr Iohn Maxwell sometime pretended Bishop of Rosse M. Walter Balcanquall and all such others as being processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. All Papists and Popish Recusants who have been now are or shall be actually in Armes or Voluntarily assisting against the Parliaments or Estates of either Kingdom 3. All persons who have had any hand in the plotting designing or assisting the Rebellion in Ireland 4. That Humphrey Bennet Esquire Sir Edward Ford Sir Iohn Penruddock Sir George Vaughan Sir Iohn Weld Sir Robert Lee Sir Iohn Pate Iohn Ackland Edmund Windham Esquires Sir Iohn Fitzherbert Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esq Sir William Russell of Worcestershire Thomas Lee of Adlington Esq Sir Iohn Girlington Sir Paul Neale Sir William Thorald Sir Edward Huffey Sir Tho. Lyddell Senior Sir Philip Musgrave Sir Iohn Digby of Nottingh Sir Hen Fletcher Sir Richard Minshall Laurence Halsteed Iohn Denham Esquires Sir Edmond Fortescue Peter St Hill Esq Sir Thomas Tildesley Sir Hen Griffith Michaell Wharton Esq Sir Hen. Spiller Sir George Benion Sir Edward
upon the Questions formerly proposed by us We conceive that the Information given to us in debate by your Lordships to the Questions wee proposed to you in writing was 1 That the Congregationall Assemblies consist of the Ministers and Ruling Elders 2 That the Classicall Assemblies consist of many Congregationall Assemblies 3 That the Provinciall Assemblies are constituted of the severall Classicall Assemblies 4 That all these Congregationall Classicall and Provinciall Assemblies together constitute a Nationall Assembly 5 That the Authority and Iurisdiction of the severall Assemblies shall be setled by Parliament And if your Lordships have any thing else to informe us concerning this Government We desire to receive the same from your Lordships The King's Commissioners paper 3o. February WE are ready by present Conference to enter upon consideration XLIII of your Lordships first Proposition concerning Religion and shall desire to receive or give satisfaction whereby We may be of one mind in that Argument And for the better entering into this debate we desire to know whether in respect of Alteration mentioned in the third Proposition to be made in the Bill for abolishing Episcopacy you would have this individuall Bill passe or not Their Answer 3o. Feb. WE desire the Bill for the utter abolishing of Episcopacy XLIV which now remaines with His Maiesty may be passed without prejudice to us to insist upon the * The Alterations intended here and in the third Proposition are according to the Articles of the Treaty at Edenborough which see in the Appendix no. 4. and the joynt Declaration of both Kingdomes 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 publique Debts and repairing of particular losses Alterations mentioned in the third Proposition and we are ready to give your Lordships a present conference upon the first Proposition concerning Religion according to your desire After a Conference wherein much time was spent in debate concerning that individuall Bill which was presented for abolishing Episcopacy their Commissioners delivered this paper 3o. Feb. WE desire your Lordships answer to our demands upon the XLV Propositions for Religion and in the first place to the Bill for abolishing of Episcopacy which hath been so much debated that upon the expiring of the first three dayes appointed to Treat concerning Religion we may be able to returne such an account to the Parliaments of both Kingdoms as may give them hopes of a happy progresse in this Treaty The King's Commissioners Answer 3o. Feb. WE conceive we have offered so weighty doubts and considerations XLVI to your Lordships in this dayes debate concerning severall parts in the Bill for abolishing of Episcopacy your Lordships having confined and limited our debate to that individuall Bill as it is now penn'd not to the consideration of abolishing Episcopacy in Generall that your Lordships cannot expect a positiue 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 deliuer our opinions to your Lordships the which we shall be then the better able to doe when we have found by the progresse in our other debates how farre 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 dayes assigned for the Treaty upon Religion that subject was again taken up the 11. of Feb. being the first of the second three dayes appointed for Religion And their Commissioners delivered this paper 11th Feb. HAving received no satisfaction in the first three dayes appointed XLVII to Treat upon the Propositions for Religion we do now desire your Lordships cleare and full answer to our former demand on this subject that no farther time may be lost in a matter which doth so much concerne the Glory of God the honour of the King and the peace and happinesse of His Kingdomes The King's Commissioners Answer 11º Feb. VVE gave your Lordships as much satisfaction in the first XLVIII three dayes 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 high importance as we have given your Lordships already * That was by conference 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 happinesse 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 â—e for the honour of the King and the Peace and happinesse of His Kingdoms Their Reply 11. Feb. We have received no satisfaction from your Lordships concerning XLIX the Propositions delivered in by us for Religion in the name of the Parliaments of both Kingdomes nor have you made appeare unto us any injustice or inconveniency in the passing of the Bill for abolishing of Episcopacy And as it cannot be denyed but the setling of Religion is a matter which doth highly concerne the glory of God the honour of the King and the Teace and happinesse of his Kingdomes So doe 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 returne that which may give your Lordships just satisfaction The King's Commissioners Answer 11. February YOur Lordships having expressed in your Paper of the first of L. 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 Lordshipâ— will think very reasonable when you consider how incongruous a thing it will appeare to most men to consent to reall and substantiall 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. February VVE shall deliver in very speedily that which remaines with LI. us touching Religion to be
of the doubts which may arise in many consciencious men who have been ordained by Bishops since that time which may seem to be likewise declared voyde by this Bill and so at least to discountenance all Acts which have insued by vertue of that Ordination and thereby many Questions may arise in Law concerning Marriages Legitimations and Descents of Inheritance and for many other reasons exprest in our Conference and Debate We conceive that your Lordships may be satisfied that this individuall Bill ought not to passe For the matter then of the said Bill The extirpation of Episcopacy we desire your Lordships to consider That it is evident and we conceive consented to on all parts that it hath continued even from the Apostles times by continuall Succession in the Church of Christ till within these few yeares without intermission or interruption and then how perilous a thing it must be and prejudiciall to the publique peace to remove and destroy a forme of Government so long exercised in this Kingdomâ—â—nd under which we have enjoyed as great a measure of happinesse to say no more as any Nation in Christendome and which your Lordships have not pretended to be unlawfull before wee particularly see the Modell of that Governement and Iurisdiction which is to be established in the place thereof That thereby we may be assured that it be such to which as well those who like as all those who dislike the present Governement will submit Otherwise Peace which is the maine end and pretence for Alterations cannot be established and therefore we very earnestly beseech your Lordships to consider and weigh whether without shaking Foundations it be not much better and more agreeable to Christian Prudence and Charity to remove those particulars from â—he present Government and make such alterations therein as may most probably give satisfaction to all persons seriously disturbed or afflicted in their Consciences Then by destroying the whole to give just Offence and Scandall to very many pious and Religious Persons Vnder these Considerations and for the Vniting and reconciling all Differences between Vs in the matter of Religion and procuring a blessed Peace We are willing That Freedome be left to all Persons of what Opinions soever in matters of Ceremony and that all the penalties of the Lawes and Customes which injoyne those Ceremonies be suspended That the Bishop shall exercise no Act of Iurisdiction or Ordination without the consent and counsell of the Presbyters who shall be chosen by the Clergy of each Diocesse out of the learnedest and gravest Ministers of that Diocesse That the Bishop keep his constant residence in his Diocesse except when he shall be required by His Majesty to attend Him on any occasion and that if he be not hindred by the infirmities of old Age or sicknesse he Preach every Sunday in some Church within his Diocesse That the Ordination of Ministers shall be alwayes in a publique and solemne manner and very strict Rules observed concerning the sufficiency and other Qualifications of those men who shall be received into Holy Orders and the Bishop shall not receive any into Holy Orders without the approbation and consent of the Presbyters or the Major part of them That competent maintenance and provision be established by Act of Parliament to such Vicarages as belong to Bishops Deanes and Chapters out of the Impropriations and according to the value of those Impropriations of the severall Parishes That for the time to come no man shall be capable of two Parsonages or Vicarages with Cure of Soules That towards the setling of the publique Peace one hundred Thousand pounds shall be raised by Act of Parliament out of the Estates of Bishops Deanes and Chapters in such manner as shall be thought fit by the King and two Houses of Parliament without the Alienation of any of the said Lands That the Iurisâ—iction in Causes Testamentary Decimall Matrimoniall be setled in such manner as shall seem most convenient by the King and two Houses of Parliament And likewise that one or more Acts of Parliament be passed for regulating of Visitations and against immoderate Fees in Ecclesiasticall Courts and the aâ—uses by frivolous Excommunications and all other abuses in the Exercise of Ecclesiasticall Iurisdiction in such manner as shall be agreed upon by His Majesty and both Houses of Parliament And if your Lordships shall insist upon any other thing which your Lordships shall think necessary for Reformation We shall very willingly apply our selves to the consideration thereof 13. February FOr the confirmation of the Ordinances concerning the LVII calling and sitting of the Assembly of Divines and the taking the Covenant We conceive neither of them need be insisted on if the alterations of Church-Government be agreed upon between Vs And if it be not it will not be reasonable that We consent to those Ordinances And for the Covenant We cannot advise His Majesty to Sweare and signe the same nor consent that an Act of Parliament should passe for enjoyning the taking thereof by His Majesties Subjects 13. February WEE doe not yet conceive that the Directory for LVIII publicke Worship delivered to Vs by your Lordships ought to be enacted Or that it is so likely to procure and preserve the Peace of this Kingdome as the Liturgy or Common Prayer-Book already established by Law against which we have not yet received from your Lordships any objections which Liturgy as the same was compiled by many learned and Reverend Divines of whom some dyed Martyrs for the Protestant Religion We conceive to be an Excellent Forme for the Worship of God and hath been generally so held throughout this Kingdome till within these two or three yeares at the most And therefore since there are no inconveniences pretended to arise from the Book of Common-Prayer to which we conceive the Directory is not more liable and since there is nothing commendable in the Directory which is not already in the Book of Common-Prayer we conceive it much better and more conducing to the Peace of this Kingdome still to observe the said Forme with such Dispensations as we have expressed in our first Paper now presented to your Lordships and if there shall be any Alterations proposed by your Lordships of such particulars in the Book of Common-Prayer as good men are scrupled at we shall willingly endeavour to give your Lordships satisfaction in those particulars But as yet can make no further or other Answer then we have already done But shall be ready to receive such Objections as your Lordships shall think fit to make against the Book of Common-Prayer and your Reasons for introducing the Directory And for the Proposition concerning Church-Government annexed to your first Paper We have no Information how that Government shall be constituted in particular or what Iurisdiction shall be established or by whom it shall be granted or upon whom it shall depend And therein also we desire further Information from your Lordships 13. February WEE
the Militia 6. February TO suppresse any Forces that may be raised to the disturbance LXXXIV of the publique Peace of the Kingdom or that shall invade this Kingdome to preserve the Peace now to be setled and to prevent all disturbances of the publique Peace that may arise by occasion of the late Troubles And that His Majesty and all His People may be secured from the Iealousies and apprehensions they may have of danger We do consent that all the Forces of the Kingdome both by Sea and Land shall be put into the hands of Persons of knowne faithfulnesse to the Religion and Peace of the Kingdome in such manner and for such time as is hereafter mentioned That the number of those persons be Twenty or if that be not accepted by your Lordships such greater or lesser number as shall be agreed upon between us And that His Majesty may name halfe the persons to be so entrusted and the two Houses the other halfe That such Forts and Townes in which Garrisons have been before these Troubles and such other as shall be agreed upon between us to be necessary for a time to be kept as Garrisons shall be entrusted likewise to persons to be chosen by the Commissioners or the major part of them to be subordinate to the said Commissioners and to receive orders from them and no others And all other places which have been Fortifyed since the beginning of these Troubles shall be left as they were before and the Fortifications and Works slighted and demolished And all Forces with all possible expedition to be disbanded that the Kingdome may be eased of that intolerable burthen That an Act of Parliament shall be passed for the raising of such Moneys for the maintenance of the Navy and Sea-Forces as His Majesty and both Houses shall think fit That when any of the said Commissioners shall dye who was nominated by His Majesty His Majesty shall name another And when any shall dye of those named by the two Houses another shall be chosen by them and in the intervalls of Parliament by the major part of the said Commissioners named by the two Houses and neither the one or the other to be removed but by the joynt consent of His Majesty and both Houses except it shall be desired by your Lordships that His Majesty and the two Houses respectively may remove the respective persons named by them as often as they shall see occasion to which if it shall be insisted on we shall consent These Commissioners or the major part of them or such other number of them as shall be agreed upon shall have power by Act of Parliament to suppresse any Forces raised sitting a Parliament without the joynt consent of His Majesty and both Houses of Parliament or in the intervalls of Parliament without consent of the said Commissioners or the major part of them to the disturbance of the publique Peace of the Kingdom and to suppresse any Forces that shall invade the Kingdome And it shall be High Treason in any who shall leavy any Forces without such authority or consent to the disturbance of the publique Peace That they shall have like power to preserve the Peace now to be setled and to prevent all disturbances of the publique Peace that may arise by occasion of the late Troubles And if any Forces shall be brought into the Kingdom without the joynt consent of the King and the two Houses of Parliament it shall be lawfull for any foure of the said Commissioners to leavy Forces for the suppressing resisting and destroying of the said Forces so brought in We are content that this power to such Persons shall continue for the space of three yeares which we doubt not but by the blessing of God will be abundantly sufficient to secure all persons from their doubts and Feares and in which time such a mutuall confidence may be begot betwixt His Majesty and all His People that the peace will be firme and lasting That the Commissioners before their entrance upon the said Trust shall take an Oath for the due execution of the said Commission and that after the expiration of the said terme of three yeares from the time of the issuing the said Commission they shall not presume to continue any execution of the said authority and it shall be high Treason in any of them to execute the said authority after the expiration of the said three yeares And all the Commanders in chiefe of the Garrisons Forts and His Majesties Ships shall likewise take an Oath for the due execution of their Trust That the Commissioners shall have power to prevent the violation of the Articles of Peace or any troubles arising in the Kingdome by breach of the said Articles and to heare and determine all differences that may occasion the same We shall be willing that any just Priviledges and Immunities be granted by His Majesty to the City of London as being the chiefe City of this Kingdome and the place His Majesty desires to Honour with his most usuall and most constant Residence But we conceive it too envious a thing and may prove very prejudiciall to the happinesse of that great City to distinguish it in a matter of so high importance as the businesse of the Militia from the Authority that the whole Kingdome is to submit to If your Lordships shall not consent to the election of persons in that manner as we have proposed halfe by His Majesty and the other halfe by the two Houses we doe then propose to your Lordships that the said persons who shall have the said powers in manner and forme above mentioned may be named by mutuall consent upon debate between us in which consideration may be taken of the fitnesse or unfitnesse of those who shall be named And in case that any of them who shall be thus agreed upon shall dye within the said terme of three yeares the survivors or the major part of them shall nominate and chuse another in his place who shall be deceased This way we should most have desired but in regard the consideration of persons may take up a long time in debate which neither the time allotted for the Treaty nor the present distractions will permit we do propose the former as the most expedite and certain way but leave the election to your Lordships And whatsoever shall be found deficient in the setling this according to the present agreement or shall be thought fit to be added to it upon any inconveniencies or defects that shall be hereafter discovered the same shall be mended or supplyed in such manner as shall be thought reasonable by the joynt consent of His Majesty and the two Houses of Parliament After which the King's Commissioners delivered in this paper 6. Februray WE shall be ready against the time that the Militia is again LXXXV in order to be Treated upon to give your Lordships an answer to your demands concerning the Militia of the Kingdom of
the Kingdome of England only in pursuance of a former Paper given in by your Lordships the 6. of February We therefore againe desire as formerly that such answer as your Lordships shall think fit to make to our Propositions concerning the Militia may be applied to both Kingdoms joyntly and then we shall be ready by conference to cleare any Objections which your Lordships shall make against the reasonablenesse of our demands The King's Commissioners Paper 15. Febr. WEE desire that your Lordships will satisfy us of the XCV reasonablenesse of your demands concerning the setling 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. Febr. YOur Lordships demand in your * The precedent Paper 4th Paper being made concerning XCVI 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 unreasonablenesse of the demand for taking from the King the Power of the Militia and setling it in Commissioners to be nominated by the two Houses not limited to any time The Kings Commissioners gave in this Paper 15. Febr. WE desire to know whether your Lordships can by your XCVII instructions consent to a limitation of time in the setling the Militia or whether you must insist that the time be unlimited Their Answer 17. Febr. IN Answer to your * The next precedent paper sixt Paper of the 15. of this instant XCVIII concerning the limitation of time in the setling of the Militia We doe insist that the time be unlimited according to our former demands The King's Commissioners Reply 17. Febr. AFter so long debate between us concerning the limitation XCIX of time in the setling of the Militia in which we conceive 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 sory 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 then by not knowing your power therein we are enabled to doe Their Paper 17. Febr. WE conceive that after so long a debate between us C. your Lordships would have been satisfied that it was most fit concerning the setling 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. Febr. WE desire a full and cleer answer to what we have delivered CI. 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 The Answere 17. Febr. VVE doe * The paper after n o 128. was delivered with this herewith deliver to your Lordships such a full and cleere answer to your Propositions concernthe 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 Majesties 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 doe Their Reply 17. Febr. VVE againe desire of your Lordships to know whether you CIII 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 you 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 7th Paper this day delivered gives no answer or satisfaction to our former demand herein The King's Commissioners Answer 17. Febr. WE conceive it was just and reasonable for us to demand CIV 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 then 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 * See before n o 16. Paper of the last of Ianuary 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 then 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 Iustice or reason Touching the Power which should be given to the Commissioners for the Militia The King's Commissioners Paper 14. February VVE desire to know what authority the Commissioners CV 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 farre the same is to be consented or submitted to here Their Answer 14. Feb. YOur Lordships
desire expressed in your second Paper this CVI. day may be fully satisfied by the Propositions concerning the Militia where the authority of the Commissioners to be nominated is clearely expressed both in cases of severall and of joynt concernment of the Kingdoms And if upon perusall thereof any doubts shall occurre to your Lordships we are ready by conference to cleare the same The King's Commssioners Paper 15. Febr. VVE doe not conceive that the authority of the Commissioners CVII of both Kingdoms and in both Kingdoms is cleerely 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 Kingdome and what authority they shall have Their Paper 15. Feb. WE doe conceive that the authority of the Commissioners of CVIII both Kingdomes and in both Kingdomes is clearly expressed in our Propositions By which it doth appeare how they are to act as severall or as joynt Commissioners And if your Lordships shall propound any objections against our Propositions concerning the Miliâ—ia of both Kingdomes we are ready upon conference to give your Lordships satisfaction The King's Commissioners Paper 15. February VVE desire to know whether in that part of the Proposition CIX wherein the Commissioners of both Kingdomes are appoynted to meet as a joynt Committee and to receive Instructions in the intervalls of Parliament from the Commissioners for the preservation of the publique Peace your Lordships meane the Commissioners to be nominated according to these Propositions or the * See the Printed Act. Commissioners intended by the Act of Pacification or what other Commissioners And what Iurisdiction you intend the said Commissioners of both Kingdomes shall have by the power given them to heare 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 heare and determine the same Their Answer 15. Feb. VVE intend that the Commissioners are to be nominated CX according to the Propositions and are to proceed in such manner as is therein expressed and if your Lordships shall make any obâ—â—ctions hereupon we are ready by Conference to give you satisfaction Their further Answer 15. Feb. FOr further answer to your Lordships second Paper we conceive CXI that the matter of the Jurisdiction to be exercised by the Commissioners is expressed in the Proposition and for the manner of exercising that Iurisdiction and by what Law they shall proceed to heare and determine the same are to be setled 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. WE desire to receive a perfect and full answer from your CXII Lordships to our * See no. 107 109 no. 105. 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 setling 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 affaires of this Kingdome or the Commissioners to be named according to these Propositions otherwise then as the said advice or orders shall be approved and confirmed by the two Houses of Parliament of England and what Iurisdiction 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 trye and Iudge in the hearing 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 cleare understanding your Lorâ—ships 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. WE conceive there is a full answer already given by us in CXIII * See the papers intended no. 92 106. severall 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 Iurisdiction 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 heare and determine the same is clearely set down in our * No. 111. 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. February VVE had great reason to desire a perfect and full answer CXIIII 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 heare 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 informe us whether you intend the Commissioners of Scotland shall have any power or authority in the setling all Forces by Sea and Land in this Kingdome 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 affaires of this Kingdom or the Commissioners to be named according to those Propositions otherwise then as the said advice instructions or orders shall be approved and confirmed by the two Houses of Parliament of England and what Iurisdiction 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 Iudge in the hearing and determining the same In all which particulars we are very sory that we can receive no answers from your Lordships for want whereof we may faile in giving your Lordships so satisfactory answers to your Propositions as otherwise we might be enabled to do Their Reply 17. Febr. IT is clearly expressed in our Propositions delivered to your CXV Lordships that all Forces by Sea and Land in this Kingdome are to be setled 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 instrustions or orders of either Kingdome are to
have no influence upon the affaires 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 cleare answer thereunto in our 5 * See before no. 111. paper of the 15 of February The King's Commissioners Paper 17. February IN the 12th Proposition your Lordships desire an Act to be CXVI passed for confirmation of the late Treaty for the setling of the Garrison of Berwick of the 29 of Novemb. 1643. which relating to the businesse 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 concernes the Act for Confirmation of the late CXVII 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. February VVE desire to know whether by the joynt power mentioned CXVIII in your Lordships Propositions to be given to the Commissioners for both Kingdomes to preserve the Peace between the Kingdomes and the King and every one of them your Lordships doe intend any other then Military power for suppressing Forces oâ—ely which is expressed after in a distinct clause by it selfe And if your Lordships doe 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 CXIX in the 17th Proposition is there fully expressed to preserve the Peace betwixt the Kingdomes to prevent the violation of it or any troubles arising in the Kingdoms by breach of the Articles and to heare and determine all differences which may occasion the same according to the Treaty and to raise Forces to resist Forreigne Invasion and suppresse intestine Insurrections as is more at large set downe in the Proposition to which we referre your Lordships The King's Commissioners Paper 17. February VVE desire to know whether the Commissioners of CXX both Kingdomes meeting as a joynt Committee The Commissioners of each Kingdome shall have a Negative voyce 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 Kingdomes Their Answer 17. Feb. IN all matters of joynt concernment the Commissioners of both CXXI Kingdomes are to Act joyntly And when they shall meet as a joynt Committee upon such matters of joynt concernment the Commissioners of each Kingdome are to have a Negative voyce And in doubtfull cases not expressed in the 17th 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 intervalls of Parliament if the cases be such as cannot without prejudice to both or either Kingdome admit of delay we conceive the Commissioners of each Kingdome 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. February WE desire to know whether by the Propositions for setling CXXII the Forces in Commissioners to be nominated by both Houses of Parliament such as both Kingdomes 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 Kingdome 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 plaine by the Proposition it selfe that CXXIII the Commissioners of both Kingdomes are respectively to be nominated by the Parliaments of either Kingdome 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. February WE desire to know whether your Lordships intend by CXXIV Tâ—â— Admiralâ—y is an of fice of Inheritance in Scotland and setled by Act of Parilament your proposition concerning the setling of the Admiralty of Scotland by Act of Parliament to alter the inheritance of any person which is already setled by the Lawes of that Kingdom Their Answer thereunto 15. Feb. TO your Lordships fourth Paper of the 14 of Feb. it is answered CXXV that by our Propositions for setling the Admiralty of Scotland by Act of Parliament it is intended that the Admiralty and Forces at Sea c. shall be setled 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 setled by the Lawes of that Kingdom the Estates of Parliament will do that which is agreeable to Iustice The King's Commissioners Paper 15. Febr. VVE desire to know whether the Papers delivered to us CXXVI touching the Militia containe 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 CXXVII 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. February VVE had no purpose in our * No. 84. answer delivered by us to CXXVIII your Lordships on the 6th day of February to divide our answers concerning the Militia of the two Kingdoms otherwise then in poynt of time and till we might receive satisfaction from your Lordships concerning the powers to be given to the Commissionâ—rs 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 doe agree That the like course shall be taken and observed touching the Militia of the Kingdome of Scotland as is offered in our said paper of the 6th of February and as shall be hereafter agreed on for the Kingdome 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 exactly observed That we are willing that His Maiesty be desired to take a most solemne strict Oath for the full observation thereof And likewise that all persons of any immediate trust by office or attendance on His Maiesty 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 beleive 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 Kingdomes And if it shall be thought necessary to make any additionall settlement of the Militia with a generall reference to the good of the Kingdomes 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 off or to intermeddle in their Lawes or Government or give them cause to apprehend any disturbance or violation of them from this Kingdome so are we obliged with all tendernesse to preserve the Honour Dignity and Constitution of this Realme 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 Kingdome or further interpose in the affaires of this Kingdom then is already provided by the Act of Pacification And we offer to your Lordships considerations whether unlesse there could be an union of the Lawes of both Kingdoms such a mixture of power as is now proposed and the influence thereof both upon Martiall and Civill affaires may not prove very inconvenient and prejudiciall to both Kingdoms and give cause of Iealousies to each other to the disturbance of that mutuall 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 setled as after a Peace established shall be agreed by the joynt consent of His Majestie 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 Majesties Letter Their Paper 17. Febr. WE do conceive that we have in our former Papers punctually CXXIX 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 Kingdome of Scotland that the like course shalt be taken in it as is expressed in your Lordships Paper of the 6th 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 Kingdome 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 mutuall and reciprocall assistance of each other had proposed a joynt remedy and security by that Commission desired in our 17th 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 memoryes concerning them and rightly weigh them This being the last day we are to Treat upon this subject it cannot be expected and as we conceive it is altogether needlesse 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 where as your Lordships do propound that if we shall further insist upon the uniting of the powers of both Kingdoms it may be done after the Peace establisht we desire your Lordships to consider that it is demanded by us in order to a Peace and a chiefe and most necessary meanes for the attaining and establishment of it And we further observe that your Lordships have given us no answer at all to our 15 Proposition which we do likewise insist upon and defire your answer The King's Commissioners Answer 17. February IF your Lordships had punctually or in any degree satisfied CXXX us in what we desired to know concerning the powers of the Commissioners of both Kingdoms the other particulars mentioned by us we had not troubled your Lordships with so many questions to most of which we could receive no other Answers then the referring us to the Propositions themselves upon which we grounded our questions And we concâ—ive that your Lordships Propositions upon the Militia upon which you still insist have in â—ruth appeared upon debate to be most unreasonable in many particulars as that the persons to be entrusted with the Militia should be nominated onely by the two Houses and that His Majesty who is equally to be secured that the Peace should not be broken should name none That the power given to the Commissioners shall be framed and altered as occasion serves by the two Houses onely And that His Majesty who is so much concerned therein shall have no Negative Voyce as to such powers but is absolutely excluded and that the time should be unlimited So that His Majesty for himselfe and his Posterity should for ever part with their peculiar Regall power of being able to resist their Enemies or protect their good Subjects and with that undoubted and never denyed Right of the Crowne to make Warre and Peace And in no time to come His Majesty or His Posterity should have power to assist their Allies with any supplies of Men though Volunteers or ever more to have any Iurisdiction ovâ—r their owne Navy or Fleet at Sea and so consequently must loose all estimation and confidence with Forraigne Princes And many other expressions in the said Propositions doe either signifie what we find
your Lordships doe not expect or intenâ— or at least are so doubtfull that the cleare sense thereof is not evident to all understandings As by the literall sense of your Propositions neither the Sheriffes of Counties or Iustices of Peace and other legall Ministers may raise Forces by the Posse Comitatus or otherwise to suppresse Riots and remove forcible Entries or to performe the other necessary duties of their places without being liable to the interpretation of the Commissioners for the Militia that such Forces are raised or Actions done for the disturbance of the publique Peace As likewise all Civill Actions and differences may be comprehended within those Propositions to be tryed before the said Commissioners neither of which we beleeve your Lordships intend should be And therefore we have in our Answers proposed what we thought would be agreeable to the matter and end of those Propositions that iâ— a reasonable and full security for the observation of the Articles of the Treaty which according to what we have offered cannot be broken on either part without evident prejudice and danger to that part which shall endeavour the breaking thereof And that the memory of these unhappy distractions may be forgotten as soon as may be that the tiâ—e of this settlement may be limited to three yeares which by the blessing of God will be sufficient to beget a good understanding between His Majesty and all His People And that the fifteenth Proposition and all the other parts of your Lordships Propositions being not at all necessary to the present union and Reconciliation may be deferred till after the Peace established to be setled by Hiâ— Majesty and the two Houses of Parliament in England and His Majesty and the Estates of the Parliament in Scotland respectively But if your Lordship shall not think this way of nomination of Persons to be Commissioners or the other proposed likewise by us in our Paper of the 6th of February for the agreement of the Commissioners between your Lordships and us to be equall We shall gladly receive any more equall way from your Lordships since it is apparant that that already proposed by your Lordships and which you insist upon in Tâ—rminis is not fit to be consented to for the quiet and Peace of the Kingdom presuming that you will thinke the security ought to be mutuall as the Feares and Iealousies are mutuall And we are most confident that His Majesty so much desires to give all reasonable and fit security on his part that the agreement and Peace to be now made shall be inviolably observed That as he will name no man for this great Trust against whom there can be just exception if the persons are named equally between him and you so if the whole nomination were left to Him He would pitch only upon such as both Kingdoms mighâ— have great cause to confide in and we believe might give full satisfaction to your Lordships And therefore we hope your Lordships will believe that the reason we consent not to your Propositions is because we conceive them destructive to the end for which they are proposed Iustice Peace and Vnity and not that we deny to consent to any reasonable security for observance of the agreement to be made of which we will alwaies be most tender with regard to all persons concerned This was the last paper delivered in the last of the six daies touching the Militia but that being taken up againe in some part of the two last daies of the Treaty as those of Religion and Ireland also were their Commissioners upon their breaking up of the Treaty about two of the clock in the morning after the 22th of February gave in a Paper intended for an Answer to this Paper which neverthelesse relates to the Paper here next following delivered by them the 21. of February mentioning a limitation of time for seaven yeares for that cause is herein set downe after that Paper and as their last of that subject and the Papers upon that Subject delivered in the mean time in the two last daies are these following Their Paper 21. Febr. WHereas your Lordships have in severall Papers much insisted CXXXI that the Commissioners mentioned in the 17th Proposition should be for a limited time that your Lordships might better give a full Answer to our desires concerning the Militia though we conceive the Reasons we have given might have satisfied your Lordships for the time to be unlimited yet to manifest our earnest desires of Peace we propose to your Lordships the time for the said Commissioners to be for seaven years from the time of the passing the Act for the Militia And that after the expiration of such terme the Militia of the Kingdom to be setled and exercised 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 At the same time the Scotch Commissioners from themselves a part 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. February VVE the Commissioners of the Parliament of Scotland do CXXXII 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 17th Proposition to continue for seaven yeares from the time of the passing of the Act for the Militia and after the expiration of that terme to be setled 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 setling of a firme and blessed Peace The King's Commissioners Answer 22. February VVE have hitherto conceived that this Treaty hath CXXXIII been betwixt us that are appoynted 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 20th of Febr. 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 voyce or have not power to concludeâ— 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 20th of February Their Paper 22. February THe Treaty is betwixt us that are the Commissioners of the CXXXIV 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 joyne 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 containes an alteration limiting the time to seaven 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. February WE cannot rest satisfied with your Lordships answer to CXXXV 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 voyce 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 concernes us to know whether the said Commissioners have a negative voyce in this Treaty For the matter of your Lordships paper concerning the limitation of time for the Militia to seaven years it is not possible by reason of this shortnesse of time for the Treaty it being tenne 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 legall 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 doe 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 againe 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 Kingdome 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 17th of February n o 129. Their Paper 22. Feb. WEE conceive if your Lordships would weigh our Demands CXXXVI concerning the power of the Commissioners of both Kingdomes you will be satisfied with our Answers to your severall Questions where any doubts were of the expressions we did explaine them and where the Propositions were so cleare as they could beare no doubtfull sense we did referre 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 onely and His Majesty who is to be equally secured should name none we much marvaile at when you may well consider this power was not to be exercised by the Commissioners untill a Peace had been concluded upon this Treaty and then His Majesty had been fully secured by the Lawes of the Kingdome and by the duties and affections of His Subjects neither could the Commissioners doe any thing in violation of the Peace to the prejudice of His Majesty contrary to the Trust reposed in them they having a rule prescribed which they were not to transgresse and being removeable by both Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively and being liable for any miscarriage to severe punishment And as for their security who have been with His Majesty in this Warre an Act of Oblivion is desired to be passed whereby all His Majesties Subjects in both Kingdomes would have been put in one and the same condition and under the same protection with some exceptions mentioned in those Propositions And if the Commissioners had been severally chosen the memory of these unnaturall Divisions must needs have been continued and probably being severally named would have acted dividedly according to severall interests and the Warre thereby might be more easily revived whereas the scope of the Propositions we have tendered was to take away occasions of future differences to prevent the raising of Armes and to settle a firme and durable Peace And to your Lordships objections that the Commissioners were to continue without any limitation of time although the reasonablenesse thereof hath been sufficiently manifested to your Lordships yet out of most earnest desires of Peace we have proposed to your Lordships a time of seven yeares as is expressed in our Paper delivered to your Lordships the 21th of this instant And for the peculiar Royall Power which your Lordships mention to reside in His Majesty concerning the Militia and to make Peace and Warre we cannot admit thereof or that it is otherwise exercised then by authority from His Majesty and both Houses of Parliament of England and the Estates of the Parliament of Scotland respectively Neither are the Commissioners to have power to make Peace or Warre but that is referred to the 23d Proposition to be Treated upon in due time And for the Navy and Fleet at Sea the principall meanes to maintaine them is to be raised by the free guift of the Subjects out of Tonnage and Poundage and other payments upon Merchandise and the Navy and Fleet being a principall meanes of our
had continued thene 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 doe although they went without his Privity but conceive your Lordships will not insist that they should sit with the Privy Councell there and assume to themselves to advise and interpose as Privy Councellors And we againe deny the Subscriptions of the Officers of the Army was diverted by His Majesty and it is well knowne that some Officers apprehending upon some Specches that the drift in requiring Subscriptions was to engage the Army against His Majesty in detestation there of upon those Speeches rent the book of Subscription in peeces For the diversion of the moneys raised for that Warre if they had been since repayed the contrary whereof is credibly informed to His Majesty yet that present diversion might be and we beleeve was a great meanes of the future wants of that Kingdome which indueed 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 Lord Iustices and Councell 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 then 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 Vpon what hath been said it appeares That His Majesties English Protestant Subjects in Ireland could not subsist without a Cessation And that the Warre there cannot be maintained or prosecuted to the subduing of the Rebels there during the continuance of this unnaturall Warre here it is evident to any man that shall consider that this Kingdome labouring in a Warre which imployes all the Force and wealth at home cannot nor will spare considerable Supplies to send abroad or if it could yet whiles there are mutuall Iealousies that there cannot be that concurrence in joynt advices betwixt the King and the two Houses as will be necessary if that Warre be prosecuted And that His Majesty cannot condescend or your Lordships in reason expect His Maiesty should by his Consent to Acts of Parliament for the managing of that Warre and raising monyes to that purpose put so great a power into their hands who during these Troubles may if they will turne that power against Him And it is apparent that the continuance of the Warre here must inevitably cause the continuance of the miseries there and endanger the rending of that Kingdome from this Crowne The King's Commissioners other Paper 10. February WE do very much wonder that it doth not clearly appeare CLXXVI 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 Royall assent made an Act of Parliament as your Lordships desire all the Forces of that Kingdom both Brittish and Scottish are put under the absolute Command of the Earle of Leven the Scottish Generall and the managing the War commited wholy 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 two Houses of Parliament here shall upon such difference mannage 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 Earle of Leven must carry on that 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 Maiesties 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 Maiesty should consent to what you propose He would devest Himself of all His Royall Power in that Kingdom and reserve no power or authority in Himselfe over that War which is most necessary for His Kingly office to do for your Lordships expression when there shall be a Leivtenant of Ireland we presume your Lordships cannot but be informed that His Maiesty hath made and we doubt not but you acknowledg He hath power to make the Lord Marquisse of Ormond His Leivtenant of that Kingdome 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 Earle of Leven to be Generall to receive Orders only from the ioynt Committee of both Kingdoms doth more take away the power of the two Houses here then 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 Brittish and Scottish to the Earle of Leven Generall of the Scottish Forces who is to manage the Warre according to the Directions of the ioynt Committee of both Kingdoms doth not amount to lesse then to deliver the whole Kingdom of Jreland over into the hands of His Maiesties Subiects of the Kingdom of Scotland therefore we must aske your Lordships pardon to believe out selves obliged in prudence honour Conseience very much to insist on that Consideration and very earnestly to recommend the same to your Lordships And we conceive it most conducing to the good of His Majesties Service and of that Kingdom that the Lievtenant and Iudges there be nominated as they have alwayes been by His Majesty who will be sure to imploy none in places of so great Trust but such whose knowne ability and integrity shall make them worthy and if at any time he shall find himself deceived by those he shall choose can best make them examples of His Iustice as they have bin of His Grace Favour and we beseech your Lordships to consider how impossible it is for His Maiestie to receive that measure of duty everence and application which is due to Him and His Royall Progenitors have alwayes enjoyed if it be not in His owne immediate power to reward those whom he shall by experience discern worthy of publick trust imployment We have made no difficulty to your Lordships of His Maiesties consenting to Acts for the raising of moneys and
carefull Election they may by providing for the good of that now miserable Kingdome discharge their duty to God the King and their Country And certainly if it be necessary to reduce that Kingdome and that the Parliament of England be a faithfull Councell to His Majesty and fit to be trusted with the prosecution of that Warre 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 severall Declarations of Parliament then we say your Lordships need not think it unreasonable that His Majesty should engage himselfe to passe such Acts as shall be presented to him for raising monyes and other necessaries for that Warre for if the Warre 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 feare the Parliament will presse more upon the Subject then is fit in proportion to the occasion It is true that heretofore Persons about His Maiesty have endeavoured and prevailed too much in possessing him against the Parliament for not giving away the money of the Subiect when His Maiesty had desired it But never yet did His Maiesty restraine 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 Bloud and horror 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 ali Treaties with those bloudy and unnaturall Rebels be made voyd and that the prosecution of the Warre be setled in the two Houses of the Parliament of England to be managed by the joynt advice of both Kingdomes and the King to assist and to doe no Act to discountenance or molest them therein This we dare affirme to be more then a probable course for the remedying those mischiefs and preserving the remainder of His Maiesties good Subiects there We cannot believe your Lordships will think it fit there can be any Agreement of Peace any respight from hostility with such Creatures as are not fit to live no more then with Wolves or Tygers or any ravennous Beasts destroyers of mankind And we beseech you doe not think it must depend upon the condition of His Maiesties other Kingdomes to revenge or not revenge Gods quarrell upon such perfidious Enemies to the Gospell of Christ who have imbrued their hands in so much Protestant bloud but consider the Cessation that is made with them is for their advantage and rather a protection than a Cessation of Acts of hostility as if it had been all of their owne contriving Armes 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 Maiesties Protestant Subjects We beseech your Lordships in the bowells of Christian charity and compassion to so many poor Soules 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 Bloud give not your consents to the continuation of this Cessation of Warre in Ireland and lesse to the making of any Peace there till Justice have been fully executed upon the Actors of that accursed Rebellion Let not the Judgement of Warre within this Kingdome which God hath layed upon us for our sinnes be encreased by so great a finne as any Peace or friendship with them whatsoever becomes of us if we must perish yet let us goe 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 Warre be a hindrance to that Warre for we are sure that Peace will be a hindrance to our Peace We desire Warre there as much as we doe Peace here for both we are willing to lay out our Estates our Lives and all that is deare 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 oncline your hearts and casting our selves on him wait his good time for the returne of our Prayers in setling a safe and happy Peace here and giving successe to our Endeavours in the prosecution of the Warre 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 an 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 CLXXIX 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 be satisfied in those particulars which so highly reflect upon His Majesty we desire your Lordships to receive the Answers which we shall prepare to those papers in the evening to Morrow dated as of this night and we doubt not to give your Lordships cleare satisfaction therein This desire was not granted nor any Paper delivered in answer to it but soon after the Treaty broke off During the 20. daies Treaty upon Religion Militia and Ireland the particular passages whereof are before expressed some other passages did occurre concerning His Majesties Propositions and particularly for a * It is the sixt of His Majesties Propositions Cessation and touching His Majesties returne to Westminster after disbanding of Armies and further time for continuing or renewing the Treaty which doe here follow And first touching His Majesties Propositions the Kings Commissioners delivered in this Paper the second day of the Treaty I. February WE desire to know whether your Lordships have any CLXXX See His Majesties Propositions n o 8. And the Letter from the Earle of Essex n o 9.
or any thing therein contained shall not give unto the persons aforesaid or any of them nor shall they in this assemblâ— assume to exercise any Iurisdiction Power or Authority Ecclesiasticall whatsoever or any other Power then is herein particularly expressed The Votes or Orders delivered with it Die Mercurii 5. Iulii 1643. ORdered by the Lords and Commons in Parliament Assembled VI. That it shall be propounded to the Assembly to Morrow at their meeting to take into their Consideration the Tenne first Articles of the 39 Articles of the Church of Englanâ— to free and Vindicate the Doctrine of them from all Aspersions and false interpretations Iovis 6. Iulii 1643. Some generall Rules for the Assembly directed by the Lords and Commons in Parliament Assembled 1. THat two Assessors be joyned to the Prolocutor to supply his place in case of Absence or Infirmity 2. Two Scribes to be appoynted to set downe all proceedings and these to be Divines who are not Members of the Assembly viz. Mr Henry Rowberry and Mr Adoniram By feild 3. Every Member at his first entrance into the Assembly shall make a serious and solemne Protestation not to maintain any thing but what he believes to be Truth and to embrace Truth in sincerity when discovered to him 4. No Resolution to be given upon any Question on the same day wherein it is first Propounded 5. What any man undertakes to prove as necessary he shall make good out of the Scriptures 6. No man to proceed in any dispute after the Prolocutor hath enjoyned him silence unlesse the Assembly desire he may goe on 7. No man to be deemed to enter his dissent from the Assembly and his Reasons for it in any poynt after it hath first been debated in the Assembly And thence if the dissenting party desire it to be sent to the Houses of Parliament by the Assembly not by any particular Man or Men in a private way when either House shall require it 8. All things agreed on and prepared for the Parliament to be openly Read and allowed in the Assembly and then offered as the Iudgement of the Assembly if the Major part Assent Provided that the opinion of any Persons dissenting and the Reasons urged for it be annexed thereunto if the dissenters require it together with the Solutions if any were given in the Assembly to those Reasons Jovis 6. Iulii 1643. I A. B. doe seriously and solemnly in the presence of Almighty God that in this Assembly whereof I am a Member I will not maintain any thing in matters of Doctrine but what I think in my Conscience to be Truth or in point of Disciâ—line but what I shall conceive to conduce most to the glory of God and the good and Peace of his Church Veneris 15. Sept. 1643. ORdered by the Lords and Commons in Parliament Assembled That it be referred to the Assembly of Divines to set forth a Declaration of the Reasons and Grounds that have induced the Assembly to give their Opinions that this Covenant may be taken in poynt of Conscience Eodem Die ORdered by the Lords and Commons in Parliament Assembled that it be referred to the Committee formerly appointed to Treat with the Scotch Commissioners to Treat with them about the manner of taking the Covenant in both Kingdoms Mercurii 22. August 1643. ORdered by the Lords and Commons in Parliament Assembled that it be prâ—pounded to the Assembly of Divines to consider of the Doctrine of the Nine next Articles of the â—9 Articlâ—s of the Church of England to cleare and vindicate the same from all Aspersions and false interpretations The Articles of the sixt of August 1642. ARTICLES of the Treaty concerning the Reducing of the Kingdome of Ireland to the Obedience of the Kings Majesty and Crowne of England agreed upon between the Commissioners for Scotland authorized by Hiâ— Majesty and the Parliament of that Kingdome and the Commissioners for England authorized by His Majesty and the Parliament of that Kingdome at Westminster the sixt day of August 1642. FIrst The Scottish Commissioners out of the sense of that duty VII which the Kingdome of Scotland owes to His Majesty and the true affection they beare towards the Kingdome of England being willing to contribute their best assistance for the speedy reliefe of those distressed parts in Ireland which lye nearest the Kingdome of Scotland Have in the name of that Kingdome made offer of Ten Thousand Men to be imployed in that Service And for a further Testimony of their Zeale to His Majesties Service and Brotherly respect to the Kingdome of England have declared that the Kingdome of Scotland will upon their owne Charge Levy and Transport these Men. Secondly Because the Kingdome of Scotland are to send over with their Army the number of six thousand Muskets and foure thousand Pikes with such Canon and Ammunition as shall be fitting for the service It is agreed that foure thousand Muskets and two thousand Pikes shall be presently sent by the Kingdom of England into the Kingdom of Scotland and delivered at Lâ—â—th As also that the residue of the said ten thousand Armes and ten thousand Swords and Belts shall be delivered there at the first of August next And that as many Canon and Field-Peeces of the same bore weight and mettle shall be carryed into Scotland upon their demand as they shall Transport into Ireland for thâ— sâ—â—vice of that Kingdome And that the said whole Armes and Ammunition shall remaine in Scotland untill the returne of the Scâ—ttish Army from Ireland At which time the same shall be restored to the Kingdome of England the Kingdome of Scotland receiving satisfaction for such of their Armes and Ammunition as shall be spent or lost in the service of Ireland As also that there shall be presently sent over from England and delivered to the Scottish Army in Ireland for the defence of the Province of Vlster sixe Peeces of Demy Canon of the Ball of Foure and twenty pound weigh◠〈◊〉 their Equipage Thiâ—â—â—y It is agreed That there shall be two Ships of Warre presâ—â—tâ—â—â—â—nt by the Kingdome of England to Lochryan Lamalâ—c◠〈◊〉 Patrick or Air to Guard and waft over the Scottish Souldiâ—â—s And that the said Ships shall attend at the Ports in Irâ—â—and for serving the Scottish Army in going and returning betwixt the Coasts and keeping the Passages cleare as they shall receive Orders from the chiefe Commanders of the Scottish Army for the time being according to Instructions received or to be received by the Master of these Ships from the Lord Admirall or Commissioners of the Admiralty for the time being to that purpose Fourthly It is agreed That there shall be Levyed and furnished by the Kingdome of England ten Troopes of sufficient and well Armed Horsemen consisting of sixty in a Troop besides the Officers And that there shall be a Commissary Generall a Serjeant-Major and a Quarter-master appointed over them which shall joyne and remaine with the Body
of the Scottish Foot and shall receive and obey the Orders and Instructions of the Commanders of the Scottish Army And that there shall be presently advanced the summe of twelve Hundred Pounds sterling for the Levying of a Troop of one hundred Horsemen in Scotland besides the Officers to be a Guard to the Generall of the Scottish Army Fifthly It is agreed That the Commanders and Souldiers of the Scottish Army shall have such Pay respectively as the Commanders and Souldiers of the English Army have according to a List presently agreed upon by the Commissioners of both Kingdomes As also that the Officers of that Army shall have such allowance for their Waggons as is contained in the said List Sixtly It is agreed That the Townes and Castle of Carickfergus and Colrayne shall be put into the hands of the Scottish Army to be places for their Magazines and Garrisons and to serve them for Retreat upon occasion And that the Magistrates and Inhabitants thereof shall be ordeyned to carry themselves to the Commanders of the said Army as is fitting and ordinary in such Cases And that the said Townes and Castle shall remain in the Scots hands untill the Warre shall end or that they shall be discharged of that service Like as the Commissioners for the Kingdom of Scotland do promise in the Puâ—lique Faith of that Kingdom to redeliver the said Townes and Castle to any having Commission from the King and Parliament of England as also the Commissioners for the Kingdom of England do promise in the name and on the Publique Faith of that Kingdom That Payment shall be made to the Kingdom of Scotland and their Army of all dues that shall arise upon this present Treaty and that when the Scottish Army imployed in the service of Ireland shall be discharged they shall be disbanded by Regiments and no lesser proportions and so may of them payed off as shall be disbanded and the residue kept in pay till they be disbanded Seventhly It is agreed that the Townes of Charickfergus and Colrayne shall by the Kingdom of England be with all expedition provided with Victualls necessary for Souldiers either in Garrisons or expeditions according to a List to be agreed on and Subscribed by the Commissioners of both Kingdoms And that such quantities thereof as the Scottish Army shall have occasion to use shall be sold unto them and bought by them at the severall Prices contained in the aforesaid List And also that the said Townes of Carickfergus and Colrayne shall be provided by the Kingdom of England with Powder Ball Match and other Ammunition for the service of the said Army conforme to the particular List to be condescended unto by both Commissioners and that Carts and Waggons shall be provided by the Kingdom of England for carrying of Ammunition for the use of the said Army in Marches As also that there shall be Gun-Smiths Carpenters and one or two Engineers appoynted to attend the Army and that hand Mils shall be provided to serve the Companies in Marches Eightly It is agreed that the Kingdom of England shall deposite two Thousand Pounds English money in the hands of any to be appoynted by the Scottish Commissioners to be disbursed upon accompt by warrant of the Generall of their Army upon Fortifications Intelligences and other Incidents so that there be not above the summe of two Thousand pounds in a yeare Imprested upon these occasions without particular and speciall warrant from the Parliament of England As also that there shall be deposited two Thousand and five hundred pounds English to be disbursed upon Accompt for the providing of a thousand Horses for the Carriage of the Artillery the Baggage and Victuall of their Army and for Dragooners upon occasion And likewise that the Scottish Army during the time of the Warre shall have power to take up such Horses in the Country as be necessary for the uses aforesaid Ninth It is agreed that the Inhabitants of the Townes and Villages in the Province of Vlster and in any other Province of Irâ—land where the Scottish Army shall be by it selfe for the time shall receive Orders from the Scottish Commanders And shall bring in Victualls for Money in an orderly way as shall be directed by them with Provision of Oates Hay and Strawe and such other Necessaries And that the Country People shall Rise and Concurre with the Scottish Troops when the Commanders thereof shall find it for the good of the Service and shall receive Orders and Directions from the said Commanders of the Scottish Army Tenth It is agreed that the said ten thousand men to be sent out of the Kingdom of Scotland shall goe in the way and order of an Army under their own Generall and Subalterne Officers And the Province of Vlster is appointed unto them wherein they shall first prosecute the Warre as in their Judgment they shall think most expedient for the honour of the King and Crowne of England And that the Commanders of the said Army shall have power to give Conditions to Townes Castles and Persons which shall render and submit themselves as shall be most expedient for the service according to the course of Warre Provided no Toleration of the Popish Religion be granted nor any condition made touching or concerning any of the Rebels Lands and that the Commanders â—f the Scottish Army shall be answerable for their whole deportment and proceedings to His Majesty and the two Houses of the Parliament of England only but shall from time to time give an accompt thereof to His Majesty the two Houses of the Parliament of England and to the Cheife Governour or Governours of Ireland for the time being that such Townes and Places as shall be recovered from the Rebels by the Scottish Army shall be at the disposing of the Commanders thereof during their aboade for that service in those parts where such Townes and Places are And if it shall be found for the good of the service that the Scottish Army shall joyne with the Kings Lievtenant of Ireland and his Army in that case the Generall of the Scottish Army shall only cede to the Kings Lievtenant of Ireland and receive in a free and honourable way Instructions from him or in his absence from the Lord Deputy or any other who shall have the Cheife Government of that Kingdome for the time by authority derived from the Crowne of England and shall precede all others and that he only shall give Orders to the Officers of his own Army And that the Armies shall have the right lefthand Vand and Reare Charge and Retreat successively and shall not mixe in Quarterings nor Marchings and when it shall be found fit to send Troopes out of either Army that the Persons to be sent out of the Scottish Army shall be Commanded out by their own Generall the Lievtenant of Ireland prescribing the number which shall not exceed the fourth part of the whole Foote of the Scottish Army nor of the
Horse appointed to joyne therewith whereunto they shall returne when the service is done And that no Officer of the Scottish Army shall be Commanded by one of his owne quality and if the Commanders of the Troopes so sent out of either Army be of one Quality that they Command the Party by turnes And it is neverthelesse provided That the whole Scottish Army may be called out of the Province of Vlster and the Horses appointed to joyne with them by His Majesties Lievtenant of Ireland or other Cheife Governour or Governours of that Kingdom for the time being if he or they shall thinke fit before the Rebellion be totally suppressed therein Eleventh It is agreed That the Scottish Army shall be entertained by the English for three moneths from the Twentieth of Iune last and so along after untill they be discharged and that they shall have a moneths Pay advanced when they are first Mustered in Ireland and thereafter shall be duly paid from Month to Month And that there shall be one Muster-Master appointed by the English Muster-Master Generall to make strict and frequent Musters of the Scottish Army and that what Companies of Men shall be sent out of Scotland within the compasse of the ten Thousand Men shall be paid upon their Musters in Ireland although they make not up compleat Regiments Twelfth It is agreed That the Scottish Army shall receive their discharge from the King and Parliament of England or from such Persons as shall be appointed and authorized by His Majesty and both Houses of Parliament for that purpose And that there shall be a Moneths warning before hand of their disbanding which said discharge and Moneths warning shall be made knowne by His Majesty and them to the Councell of Scotland or the Lord Chancellour a Moneth before the discharging thereof And that the Common Souldiers of the Scottish at their dismission shall be allowed fourteen dayes Pay for carrying of them home Thirteenth It is provided and agreed That at any time after the three Moneths now agreed upon for the entertainment of the Scottish Army shall be Expired and that the two Houses of Parliament or such Persons as shall be authorized by them shall give notice to the Councell of Scotland or to the Lord Chancellor there That after one Moneth from such notice given the said two Houses of Parliament will not pay the said Scottish Army now in Ireland any longer then the said two Houses of Parliament shall not be obleiged to pay the said Army any longer then during the said Moneth Any thing in this Treaty contained to the Contrary notwithstanding The Ordinances of the 9th of March and 11th of Aprill Die Sabbati 9. Martii 1644. Resolved upon the Question by the Lords and Commons in Parliament Assembled THat he who doth or shall command in chiefe over the said VIII Army by joynt advice of both Kingdoms shall also command the rest of the Brittish Forces in Ireland And for the further managing of that Warre and prosecuting the ends expressed in the Covenant That the same be done by joynt advice with the Committees of both Kingdomes Die Iovis 11. April 1644. Resolved upon the Question by the Lords and Commons in Parliament Assembled THat the Earle of Leven Lord Generall of the Scots Forces in Ireland being now by the Votes of both Houses agreed to be Commander in Chiefe over all the Forces as well Brittish as Scots according to the Fourth Article of the result of the Committees of both Kingdoms passed both Houses be desired with all convenient speed by the advice of the said Committees to appoynt and nominate a Commander in chiefe under his Excellency over the said Forces to reside with them upon the place Resolved c. THat Committees be nominated and appointed by the joynt advice of both Kingdomes of such numbers and Qualities as shall be by them agreed on to be sent with all convenient speed to reside with the said Forces and inabled with all ample Instructions by the joynt advice of both Kingdoms for the Regulating of the said Forces and the better carrying on of that Warre The Letter of the Lords Justices and Councell of Ireland to the Speaker of the House of Commons in England 4. Aril 1643. a Duplicate whereof the originall being sent to Westminster was by them sent to Mr Secretary Nicholas for His Majesty SIR OVr very good Lord the Lord Marquesse of Ormond having IX in his march in his last expedition consulted severall times with the Commanders and Officers of the Army in a Councell of Warre and so finding that subsistence could not be had abroad for the Men and Horses he had with him or for any considerable part of them it was resolved by them that his Lordship with those Forces should returne hither which he did on the sixe and twentieth of March. In his returne from Rosse which in the case our Forces stand he found so difficult to be taken in as although our Ordinance made a breach in their walls it was found necessary to desert the Siege he was encountred by an Army of the Rebels consisting of about sixe thousand Foot and sixe hundred and fifty Horse well Armed and Horsed yet it pleased God so to disappoint their Councells and strength as with those small Forces which the Lord Marquesse had with him being of fighting men about two thousand five hundred Foot and five hundred Horse not well armed and for the most part weakly horsed and those as well Men as Horses much weakned by lying in the fields severall nights in much Cold and Raine and by want of mans-meat and horse-meat the Lord Marquesse obtained a happy and glorious deliverance and Victory against those Rebells wherein were slaine about three hundred of them and many of their Commanders and others of quality and divers taken Prisoners and amongst those Prisoners Colonell Cullen a Native of this City who being a Colonell in France departed from thence and came hither to assist the Rebels and was Lievtenant Generall of their Army in the Province of Leinster and the Rebels Army were totally Routed and defeated and their Baggage and Munition seized on by His Majesties Forces who lodged that night where they had gained the Victory and on our side about Twenty slaine in the fight and divers wounded We have great cause to praise God for magnifying his goodnesse and mercy to his Majesty and this his Kingdome so manifestly and indeed wonderfully in that Victory However the joy due from us upon so happy an occasion is we confesse mingled with very great distraction here in the apprehension of our unhappinesse to be such as although the Rebels are not able to overcome His Majesties Army and devoure his other good Subjects here as they desire yet both his Army and good Subjects are in danger to be devoured by the wants of needfull Supplies forth of England for as we formerly signified thither those Forces were of necessity sent
downe in their Propositions in terminis And in this poynt though they seem to reduce the time which in their Propositions was indefinite to a certainty to which yet the Scottish Commissioners See no. 132. have not absolutely agreed the alteration is more in shew then indeed and rather to the heightning then abateing their demands for whereas they have limited the time to seaven years yet it is with an additionall clause That after those seven years it was to be executed as We and they should agree and not otherwise so that though the Commissioners should have the power but for seaven years yet we should not have it after those seaven years nor at any time unlesse they and we could agree in it so much would they have gained by this seeming compliance in poynt of limitation of this power to a time though not to that time of three years which we proposed But they justify the reasonablenesse of it for whereas our Commissioners in their Paper to which this of theirs is applied as No. 130. an answer tell them that if the time for this power be unlimited we and our posterity shall for ever part with our peculiar Regall power of being able to resist our Enemies or protect our good Subjects and with that undoubted and never denyed right of the Crowne to make Warre and Peace or ever more to have jurisdiction over our own Navy and Fleet at Sea the command thereof being also a part of this great power to be given to these Commissioners They answer plainly they cannot admit of this peculiar Regall Power which Our Commissioners mention to reside in us concerning the Militia and to make Peace and Warre or that it is otherwise to be exercised then by authority from us and both Houses of Parliament of England and the Estates of the Parliament of Scotland respectively We approve of their ingenuity that now at the breaking off of the Treaty they tell us in plain tearmes what they meane though the Common Law-books and Records of Parliament have mentioned that the sole power of protecting the Subjects belongs to the King and that he alone hath power to make Peace and Warre though it hath been the language of former Parliaments even of the last Parliament and at the beginning of this Parliament that the power of Peace and Warre is in the King but if he will have money from His Subjects to maintain the Warres he must have their consents and though the universall consent and common opinion heretofore hath gone accordingly yet they cannot admit thereof as to have been our right for the answer is made to the assertion concerning our right And not admitting it it seems their oathes of Alleageance and Supremacy to defend our Crowne and Dignity and to assistand defend all Iurisdictions Priviledges and authorities belonging to us oblige them not And as they doe not admit this power in right to have been in us alone for the time past so neither will they admit it for the time to come in Vs or Our successors to be able to resist our Enemies or protect our Subjects or to make Peace or Warre but it must be by authority from Vs and the two Houses and the Estates of the Parliament of Scotland respectively They are to be associated in these Regall Powers and the Scepter and the Sword may in Pictures or Statues but are not indeed to be in the Kings hand alone Vpon these grounds We wonder not that they would have the Navy and Fleet at Sea to be put into the hands of their Commissioners for seaven years as the Militia for the Land and after the seaven years to be commanded in such manner as they and we should agree and not otherwise for they say the reasons are the same for them as for the Militia by land It is a principall meanes they say of their security and We cannot find they think themselves to have any security if We and Our Successors have any Power But if We will part with Our Power wholly unto them We and Our Posterity shall be fully secured by the aflections of Our Subjects that is by the Lords Commons now at Westminster who in their sense represent all the people who by themselves during the Parliament or when they shall please to make any recesses by their Commissioners during the intervalls will free us from the burden of the Militia and of Our Navy and so of protecting Our Subjects and will save Vs the Charge of Our Navy because it is to be principally maintained by the free guift of the Subject out of Tonnage and Poundage and other Impositions upon Merchandise And having taken this care for Our security sutable to all their Actions these three yeares last past They say that for security of those who have been with Vs in the Warre an Act of Oblivion is desired to be passed whereby all Our Subjects would have been put in one and the same condition and under the same protection with some exceptions mentioned in the Propositions We are not willing to mention those exceptions by which not onely most of Our best Subjects who have been with Vs in the Warre according to their duties by expresse or generall termes are excepted but all the Estates of some of them and a great part of the Estates of the rest of them for that very cause because they were with Vs in the Warre are to be forfeited As for securing them by an Act of Oblivion they have lesse cause to desire it then they who propose it as being more secured by the Conscience of doing their duties and the protection of the knowne common Law of the Land if it might take place then any protection under the two Houses or their Commissioners for the Militia yet We were not unwilling for the security of all Our Subjects to have assented to an Act of Oblivion being willing as much as in Vs lies to have made up these breaches and buryed the memory of these unhappy Divisions It was urged by our Commissioners that according to the literall sense of the Propositions in the powers given to the Commissioners for the Militia That Sheriffes and Justices of Peace and other legall Ministers could not raise the Posse Comitatus or Forces to suppresse Riots without being lyable to the interpretation of the Commissioners To this they answer That this is no part of the Militia to be exercised by the Commissioners but in executing of Justice and legall Processe nor can be intended to be any disturbance but for the preservation of the Peace We shall admit that to be their meaning but it being by the Propositions made Treason in any who shall leavy any Forces without authority or consent of the Commissioners to the disturbance of the publique Peace it is apparent that the Sheriffes or Iustices of Peace if they raise any Forces to suppresse any tumultuous Assembly which it is possible some of the Commissioners may countenance or