Lords day The King's Commissioners Reply 22. February WE cannot expresse the great sadnesse of our hearts that CXCVI. all our earnest endeavours to give your Lordships satisfaction in all particulars of this Treaty have produced no better effects towards a blessed Peace which His Majesty and we who are trusted by him doe so heartily pray for and that so many and great offers made by us to your Lordships in the particulars we have treated upon should not be thought a good progresse on our part in the said Treaty as we find by your Lordships last paper to our great griefe they are not and therefore that this must be the last day of the Treaty we desire your Lordships to consider that we being intrusted by His Majesty to Treat with your Lordships for a safe well grounded Peace have upon the matter of your Lordships Propositions consented to so many particulars and alterations of very great importance and that your Lordships who were to Treat with us have not abated one tittle of the most severe and rigorous of your Propositions saving what you were pleased the last night to propose in the poynt of time concerning the Militia which though it seems to be limited to seaven years in truth leaves it as unlimited as it was before in your Propositions for at the end of seaven years it must not be exercised otherwise then shall be setled by His Majesty and the two Houses of Parliament so that all the legall power now in His Majesty is taken away and not restored after the seaven years expired Neither is there a full consent to that limiration offered by your Lordships the Commissioners of the Parliament of Scotland Nor have your Lordships offered to us any prospect towards Peace other then by submitting totally to those Propositions the which if we should doe we should consent to such alterations as by constructions and consequences may dissolve the whole frame of the present Government both Ecclesiasticall and Civill in this Kingdom And though the particulars proposed by your Lordships have by debate appeared not only evidently unreasonable but literally considered to comprehend things to be extended to powers not intended by your selves yet your Lordships have not been pleased either to restraine or interpret any particular in any other manner then is set forth in the said Propositions In the matter of Religion we have offered all such alterations as we conceive may give satisfaction to any objections that have been or can be made against that Government and have given your Lordships reasons not only why we cannot consent to your Lordships Propositions but that even those Propositions if consented to could not be in order to a Reformation or to the procuring the publique Peace And we must desire your Lordships to remember that though you doe not only in your Covenant which you require may be taken by His Majesty and injoyned to be taken by all His Subjects undertake the Reformation in poynt of Government but even in poynt of Doctrine too thereby laying an imputation upon the Religion it selfe so long professed in this Kingdom with the generall approbation of all reformed Churches yet your Lordships have not given us the least argument nor so much as intimated in your debate the least Prejudice to the Doctrine of the Church of England against which we presume you cannot make any colourable objection nor have you given us the view in particular of the Government you desire should be submitted to in the place of that you propose to be abolished and therefore we propose to your Lordships if the alterations proposed by us doe not give your Lordships satisfaction that so great an alteration as the totall abolition of a Government established by Law may for the importance of it and any reformation in Doctrine for the scandall of it be suspended till after the disbanding of all Armies His Maiesty may be present with the two Houses of Parliament and calling a Nationall Synod may receive such advice both from the one and the other as in a matter of so high concernment is necessary And we are most confident that His Majesty will then follow the advice which shall be given him And as any Reformation thus regularly and calmely made must needs prove for the singular benefit and Honour of the Kingdom so we must appeale to your Lordships whether the centrary that is an alteration even to things though in themselves good can by the principles of Christian Religion be enforced upon the King or Kingdom In the businesse of the Militia though your Lordships doe not deny that the Iealousies and apprehensions of danger are mutuall and that the chiefe end of depositing the Militia in the hands of certain Persons is for security against those Jealousies and possible dangers yet your Lordships insist That all those Persons to be entrusted shall be nominated by the two Houses of Parliament in England and the Estares of the Parliament in Scotland and that the time for that great Generall and unheard of Trust shall be in such manner that though it seem to be limited to seaven years yet in truth by declaring That after those scaven years it shall not be otherwise exercised then His Maiesty and the two Houses of Parliament shall agree and His Maiesty may thereby be totally and for ever divested of the power of the Sword without which He can neither defend himselfe against Forteigne Invasions or Domestick Insurrections or execute His Kingly Office in the behalfe of His Subjects to whom He is Sworne to give Protection And to both these your Lordships adde the introducing a Neighbour Nation governed by distinct and different Lawes though united under one Soveraigne to a great share in the Government of this Kingdom In stead of consenting to these Changes we have offered and proposed to your Lordships That the Persons to be Trusted with the Militia of the Kingdom may be nominated between us or if that were refused That an equall number shall be named by you and the other number by His Majesty and that halfe the Forts and places of strength within the Kingdom shall be in the custody of those whom you think fit to be trusted therewith the other halfe in such hands as His Majesty please to commit the same to And all persons as well those nominated by your Lordships as by His Majesty to take an Oath for the due discharge of the said Trust which being considered as the sceurity is mutuall so neither part can be supposed to violate the agreement without very evident inconvenience and danger to that part who shall so violate it the whole Kingdom being likely and indeed obliged to look upon whosoever shall in the least degree violate this agreement as the authors of all the miseries which the Kingdom shall thereby suffer And as it is most reasonable that for this security His Majesty should part with so much of his own power as may make him even
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
A FULL RELATION of the Passages concerning the Late TREATY FOR A PEACE BEGUN AT VXBRIDGE JANUARY 30. 1644. Printed by His MAjESTIES Command AT OXFORD By Leonard Lichfield Printer to the Vniversity 1645. A TABLE OR INDEX SHEWING breifly the Method and Order of this Narrative and directing to the places where each subjects Matter therein conteyned is to be found 1. ARE set down the Messages and Propositions sent by His Majestie and brought to Him which preceded the Treaty and were inducements to it beginning Page the first and ending page the 20. 2. The Passages in the beginning of the Treaty preparatory therevnto wherein 1. Of the severall Commissions and Passages therevpon beginning pag. 20. ending pag. 29. 2. The Papers Concerning the Manner and Order of the Treaty pag. 29. ending pag. 30. 3. The Papers concerning a Scandalous Sermon Preached at Vxbridge against the Treaty the first day of the Treaty and before it began pag. 30. ending pag 31 3. The Papers Concerning Religion during the whole Treaty Collected together pag. 32. ending pag. 50. 4. The Papers Concerning the Militia during the whole Treaty Collected together pag. 51. ending pag. 94. 5. The Papers Concerning Ireland during the whole Treaty Collected together pag. 93. ending pag 140 6. The Papers Concerning His Majesties Propositions and particularly for a Cessation of Armes and touching His Majesties returne to Westminster after disbanding of Armies and further time for continuing or renewing the Treaty are Collected together pag. 140. ending pag. 156. 7. And lastly an Appendix is added wherein are contayned such things as are mentioned in the Narrative or were delivered in writing during the Treaty and were not Printed before or being heretofore Printed are now out of Print or not easily to be had the particulars whereof are as followeth 1. His Majesties Message from Evesham of the 4th of July 1644. pag. 157. 2. His Majesties Message from Tavestock of the 8th of September 1644. pag. 159. 3. The Bill for abolishing of Episcopacy c. pag. 160. 4. The Articles of the late Treaty of the date at Edenburgh the 29th of Novemb. 1643. pag. 169 5. The Ordinance for calling the Assembly of Divines pag. 174. 6. The Votes and Orders delivered with it pag. 180. and 181. 7. The Articles of the 6th of August 1642. concerning Ireland pag. 182. 8. The Ordinances of the 9th of March and the 11th of April touching the Forces in Ireland pag. 188. 9. The Letters and advices from the Lords Justices and Councell of Ireland pag. 189. 10. The Letters and advices from the Lords Justices and Councell of Ireland pag. 189. Herevnto is added His Majesties answers to certain Papers delivered upon the close of the Treaty one concerning the Militia and two concerning Ireland beginning pag. 199. His MAjESTY having received an Account from His Commissioners of their proceedings in the late Treaty atVxbridge to the end that all His people may be fully satisfied of his earnest and constant endeavours to procure the publique Peace whereby to put an end to these present miseries hath commanded this full and plain Narrative of all the passages concerning that Treaty to be made and published AFter His Majesties Message from Evesham of See these Messages in the Appendix no. 1. 2. the 4th of Iuly last desiring and propounding a Treaty for Peace And His second Message from Tavestoke of the 8th of September last renewing that desire At length on the 23 day of November last past the Earle of Denbigh and others repaired to His Majesty at Oxford with Propositions in these words following WEE Your Majesties Loyall Subjects assembled in the I. Parliaments of both your Kingdoms from the sence of that duty we owe unto Your Majesty and of the deep sufferings and many miseries under which your People of all Your Kingdoms lye bleeding in this unnaturall Warre after long and serious consultation about the best wayes and means of their preservation and for setling Your Majesties Throne and Your Subjects in Peace and Security have with common consent Resolved upon these Propositions which we doe humbly tender unto Your Majesty The humble desires and Propositions for a safe and well grounded Peace agreed upon by the mutuall advice and consent of the Parliaments of both Kingdoms united by solemne League and Covenant to be presented to His Majesty 1. That by Act of Parliament in each Kingdom respectively all Oathes Declarations and Proclamations against both or either of the Houses of the Parliament of England and the late â—onvention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and proceedings or against any for adhering unto them And all Indictments Outlaries and Attainders against any for the said Causes be declared Null suppressed and forbidden And that this be publiquely intimated in all Parish-Churches within His Majesties Dominions and all other places needfull 2. That His Majesty according to the laudable example of His Royall Father of happy memory may be pleased to sweare and signe the late solemne League and Covenant And that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliaments respectively with such penalties as by mutuall advice of both Kingdoms shall be agreed upon 3. That the Bill be passed for the utter abolishing and taking away of all Arch-Bishops Bishops their Chancellours and Commissaries Deanes and Subdeanes Deanes and Chapters Archdeacons Canons and Prebendaries And all Chanters Chancellours Treasurers Subtreasurers Succentors Sacrists and all Vicars Chorall and Choristers old Vicars and new Vicars of any Cathedrell or Collegiat Church And all other their under officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the Date at Edenborough 29. of Novemb. 1643. And joynt Declaration of both Kingdomes 4. That the Ordinance concerning the calling and sitting of the Assembly of Divines be confirmed by Act of Parliament 5. That Reformation of Religion according to the Covenant be setled by Act of Parliament in such manner as both Houses shall agree upon after consultation had with the Assembly of Divines And for as much as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and uniformity in matters of Religion that such unity and uniformity in Religion according to the Covenant as after consultation had with the Divines of both Kingdomes now assembled shall be joyntly agreed upon by both Houses of the Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively 6 That for the more effectuall disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and
effectuating of ye foirsaides endis the concluding of the Propositions with the Estaites th aire results thairupon And all suche uyr matteris conceruing the good of bothe Kingdomes as ar or all be from time to time committed unto thame be the Estaites of yis Kingdome or Committies thairof according to the instructiones givin or to be givin to the Commissionaris abovenameit or their quuorums And for this effect The Estaites Ordeanes Iohne Erle of Lowdonne Chancellor Iohne Lord Balmerino Sir Archibald Iohnstounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Hew Kennedy repaire with all dilligence to the Kingdome of England to the effect before rehearsit conforme to this Commissione and instructiones As also the Estaites Ordeanes ye saides ArchibaldMarqueis of Argyle M. George Dundas of Maner and Sir Iohne Smyth Proveist of Edenburgh to repaire to ye Kingdome of England with all sick conventencie as the occasione of ye businesse shall require or as they sall be commandit ather be the Committie from the Parliament heir they being in Scotland or be the Committie with the Army they being in England And Ordeanes thame to joyne with the remanent Commissionaris to the affect above mentionat conforme to the Commissionâ— and instructiones givin or to be givin to the Commissionais or thair quuorums thair anent be the Estaites of this Kingdome or Committies yrof And the Estaites of Parliament be thir presents haldis and sall halde firme and stable all and what summ evir thinges the Commissionaris abovenameit or any thrie or mae of thame sall doe conforme to this Commisionne and to the instructionnes given or to be given to thame Extractit furthe of the butkes of Parliament be me Sir Alexander Gibsone of Dunâ—ie Knyt Clerk of His Majesties Registers and Rollis under my signâ— and subscriptionne Mannuall Alexander Gibsonne Cler. Regist After the Commissions read their Commissioners delivered to His Majesties Commissioners this paper Ianuary the 30. WEE are directed by Our Instructions to Treat with XIII your Lordships upon the Propositions concerning Religion the Militia and Ireland three daies a peice alternis vicibus during the space of twenty dayes from the 30 of Ianuary beginning first with the Propositions of Religion and accordingly we shall deliver unto your Lordships a Paper to morrow morning upon those Propositions Accordingly the Treaty did proceed upon those subjectâ— three daies a piece Alternis vicibus beginning with that of Religion upon Friday the last of Ianuary and so continuing Saturday the first and Monday the third of February which was after resumed Tuesday the 11 Wednesday the 12 and Thursday the 13 of February and again the two last daies of the 20. And the like course was held touching the Militia and Ireland But because the passages concerning each subject severally will be more clearly understood being collected and disposed together under their severall heads therefore all those which concerne Religion the Militia and Ireland are put together And in like manner the passages preparatory to the Treaty concerning the Commissions the manner of the Treaty and a seditious Sermon made the first day appoynted for the Treaty And such as hapned in the Treaty touching His Majesties Propositions The demands of farther time to Treat and other emergent passages which have no Relation to those of Religion the Militia and Ireland are in like manner digested under their severall heads with their particular dates And first those which concerne the Commissions Friday the last of Ianuary His Majesties Commissioners delivered unto Their Commissioners this paper Vlt. Ianuary WEE having perused the power granted to your Lordships XIV in the Paper delivered by the Earle of Northumberland and finding the same to relate to instructions we desire to see those instructions that thereby we may know what power is granted to you and we ask this the rather because by All their Commissioners were not then come to Vxbridge the Powers we have seen we doe not find that your Lordships in the absence of any one of your number have power to Treat Their Answer 31. Ianuary BY Our Instructions we or any tenne of us whereof some of either XV. House of the Parliament of England and some of the Commissioners of the Kingdome of Scotland to be present have power to Treat with your Lordships Their farther Answer Vlt. Ianuary VVHereas your Lordships have expressed unto us a desire XVI of seeing our Instructions to know what Power is granted us and this the rather because you say you find not by what you have seen that in the absence of any one of our number we have power to Treat To this we returne in Answer that since the Paper already delivered in by us declaring that by our Instructions any tenne of us whereof some of either House of the Parliament of England and some of the Commissioners of the Kingdom of Scotland to be present had power to Treat with your Lordships hath not given you satisfaction in the particular of the Quorum We shall send unto the two Houses of Parliament to have the Quorum inserted in the Commission and doe expect the returne of it so amended within two or three daies when we shall present it unto your Lordships But as for your desire in generall to see our Instructions it is that for which we have no Warrant nor is it as we conceive at all necessary or proper for us so to doe for that the Propositions upon which we now Treat have been already presented from the Parliaments of both Kingdoms unto His Majesty and whatsoever is propounded by us in order unto them is sufficiently warranted by what both Parliaments have done in the passing and sending of those Propositions and by the Commissions authorising us to Treat upon them already shewn unto your Lordships so as there can be no need to shew any other power Accordingly on Saturday the first of February they did deliver their Commission for the English Commissioners renewed as followeth Die Sabbatis primo Febr. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earle of Northumberland Philip XVII Earle of Pembrook and Montgomery William Earle of Salisbury Bazil Earle of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pierrepont Sir Henry Vane junior Oliver St Iohn Bulstrode Whitlock Iohn Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyne with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only or any tenne of them Whereof some of either House of the Parliament of England and some of the Commissioners of the Parliament of Scotland are to be present To treat with the Lord Duke of Richmond the Marquisse of Hertford the Earle of Southampton the Earle of Kingston the Lord Dunsmore Lord Capell Lord Seymour Sir Christopher Hatton Sir Iohn Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane
And therefore We desire Iustice against the Man that he may have exemplary punishment Their Answer 31. January TO the Paper delivered in by your Lordships this day concerning the Information received of severall Scandalous XXVIII passages Preached in a Sermon in Vxbridge Church by one Mr Love We doe returne this Answer That the said Mr Love is none of our Retinue nor came hither by any privity of ours That we conceive it most reasonable and agreeable to the businesse we are â—ow upon that all just occasions of offence on either part be avoyded And as it hath been our desire so it shall be our endeavour to take the best care we can to prevent all prejudices upon the present Treaty which may blast the blessed hopes thereof or may beget any iust offence and distrust in His Majestie and shall be as tender of the safety of your Lordships persons according to the safe Conduct as of our owne We shall represent your Lordships Paper concerning this businesse if your Lordships so desire unto the Lords and Commons assembled in the Parliament of England who will proceed therein according to Justice The King's Commissioners Reply 1. February VVE insist upon our former desire concerning the Sermon XXIX Preached by M. Love and must referre the way of doing Iustice to your Lordships and if your Lordships are not satisfied that such Words as we have charged him with were spoken by him we are ready to produce our proofe thereof to your Lordships Their further Answer 1. February VVE will represent both your Lordships papers concerning XXX M. Love unto the Lords and Commons assembled in the Parliament of England at Westminster who will proceed therein according to Justice In the next place according to the Order before mentioned do follow the passages and Papers concerning RELIGION Their Paper 31. Jan. ACcording to the * The Paper intended is that before of 30. Ian. no. 13. paper delivered by us to your Lordships XXXI yesternight we do now offer these Propositions following which concerne Religion That the Bill be passed for Abolishing and taking away of all Arch-Bishops Bishops c. according to the third Proposition That the Ordinances concerning the Calling and sitting of the The Propositions here intended are those before mentioned on theiâ— part sent by the E. of Denbigh and others to Oxford And the Bill for abolishing Episcopacy is in the Appendix no. 3. Assembly of Divines be confirmed by Act of Parliament That the Directory for Publique Worship already passed both houses of the Parliament of England And the Propositions concerning Church Governement hereunto annexed and passed both Houses be enacted as a part of Reformation of Religion and uniformity according to the fifth Proposition That His Majesty take the Solemne League and Covenant and that the Covenant be enjoyned to be taken according to the second Proposition To this was annexed the following Paper of the 31. January That the Ordinary way of dividing Christians into distinct Congregations and most expedient for edification is by the respective bounds of their dwellings That the Minister and other Church-officers in each particular Congregation shall joyne in the Government of the Church in such manner as shall be established by Parliament That many particular Congregations shall be under one Presbyteriall Government That the Church be Governed by Congregationall Classicall and Synodicall Assemblies in such manner as shall be established by Parliament That Synodicall Assemblies shall consist both of Provinciall and Nationall Assemblies The King's Commissioners Paper 1. February HAving considered your Lordships Paper containing the XXXII Propositions concerning Religion with the paper annexed and finding the same to contain absolute Alterations in the Government both of the Ecclesiasticall and Civile State We desire to know whether your Lordships have Power to Treat and debate upon the said Propositions and upon debate to recede from or consent to any alterations in the said Propositions if we shall make it appeare to be reasonable so to do or whether your Lordships are bound up by your Instructions to insist upon the Propositions without any alteration Their Answer 1. Feb. OVr Paper given in to your Lordships concerning Religion XXXIII doth contain no alterations but such as are usuall in a time of Reformation and by the Wisdome of the Parliaments of both Kingdoms are judged necessary at this time for setling Religion and Peace And as by our Commissions and Papers formerly shâ—wed your Lordships we have made known our Power to Treat upon them so are we ready by debate to shew how reasonable they are And that there will be no reason to expect that we should alter or recede from them But as for your demand of our shewing what farther power we have by our Instructions It is that we have no warrant to doe as we have already signified to your Lordships by a former Paper The KING's Commissioners Paper 1. Feb. YOur Lordships first Proposition in the Paper concerning XXXIV Religion referring to the third Proposition sent to His Majesty we find that referres to the Articles of the late Treaty of the daâ—e at Edinburgh 29. Nov. 1643. and to the joynt Declaration of both Kingdoms We desire your Lordships we may see those Articles and Declarations and your Lordships second Proposition in that paper referring to the Ordinances concerning the calling and sâ—ttiâ—g of the Assembly of Divines We desire to see those Ordinances Their Answer 1. Feb. ACcording to your Lordships desire in the * Meaning the next present Paper third Paper We XXXV now deliver in the Articles of the late Treaty of the date at Edinburgh 29 of November 1643. and the * This joynt Dâ—claration is already printed But the Articles being not Printed are in the Appendix n o 4. joynt Declaration of both Kingdoms And we shall speedily deliver to your Lordships the Ordinances concerning the calling and sitting of the Assembly of Divines The KING's Commissioners Paper 1. Feb. VVEE desire to know whether the Propositions which XXXVI we have received from your Lordships touching Religion be all we are to expect from you upon that Subject Their Answer 1. Feb. THere are other things touching Religion to be propounded XXXVII by us unto your Lordships upon the Propositions formerly sent unto His Maiesty from the Parliaments of both Kingdoms which we shall in due time give in unto your Lordships But we doe first desire your Answer to the Paper touching Religion given in yesterday that some good progresse may be made therein before the three daies assigned to treat upon Religion in the first place doe expire The KING's Commissioners Paper 1. Feb. VVEE desired to know whether the Propositions XXXVIII we formerly received from your Lordships concerning Religion were all that would be offered concerning that Subject because we thought it very necessary since so great alterations are proposed by you to have a full view of the whole
alterations that are desired since in an Argument of the greatest weight and highest importance we cannot possibly give a present Iudgement of any part till we have a prospect of the whole But since your Lordships doe not yet think it time to let us have a sight of the rest but first desire our Answer to the * See before N o 31. paper delivered yesterday which contains many particulars of which we never heard before We shall apply our selves to understand the things proposed by you in such manner as we may returne your Lordships a speedy answere And to that purpose must desire your Lordships information in some particulars which are comprized in your Lordships paper And when your Lordships consider that the * The Directoâ—y which was delivered in is of great length the Covenant delivered with it both now Printed and obvious are therefore forborne to be inserted here or in the Appendix Directory for Worship being so long was delivered to us but yesterday That the Covenant the Articles of the Treaty of Edinburgh the Declaration of both Kingdomes which â—re comprehended within the first Proposition were delivered to us but this day and therefore we could returne no Answer concerning the Bill for abolishing Arch-Bishops and Bishops which is proposed to be passed according to the third Proposition in which the said Articles and Declarations are comprehended and that the Ordinances for the Sitting of the Assembly are not yet delivered unto us We are confident your Lordships will not think us negligent in making as good a progresse in the Treaty upon Religion as is in our Power which we shall indeavour to advance with all diligence and the best of our understanding Afterwards the same first of February the * See them in the Appendix n o 5 6. Ordinances for the Assembly of Divines were delivered in After some debate touching the nature of the Church Government intended by the Paper annexed to the first Paper upon the subject of Religion which are here before set downe The Kings Commissioners delivered in this following Paper 1. Feb. THe information we desire from your Lordships for the XXXIX present is Whether by the words in the first of those Propositions in your Lordships paper annexed the respective bounds of their dwellings you intend the severall bounds of their dwelling houses or the bounds of Parishes or whether you intend an alteration of the bounds of Parishes In the second Proposition what other Church-Officers your Lordships intend shall joyne with the Ministers in the Government of the Church and what jurisdiction they shall exercise in Order to that Government and from whom they shall derive it and in what degree be subordinate to the power from whom they derive it And what you intend by Presbyteriall Government in your third Proposition In the fourth Proposition what your Lordships intend by Congregationall Classicall and Synodicall Assemblies How Synodicall Assemblies â—rovinciall and Nationall shall be constituted as to persons and causes and what shall be the bounds and limits of their Iurisdiction and from whom the severall Iurisdictions above mentioned shall be derived To these particulars we would be glad iâ— your Lordships think it fit to receive satisfaction by debate where Questions may be asked and replyes made before any answer be returned in writing which may aske much time and be lesse satisfactory but we referre the way to your Lordships Their Answer 1. Feb. VVEE cannot but be sensible of the great losse of time occasioned XL. by your Lordships Questions for information in your last Paper and shall have small hopes of good successe in this Treaty having these two daies made so little progresse unlesse your Lordships be pleased to give us full answers to our demands concerning Religion Yet to give all satisfaction with as little expence of time as may be we are ready by present conference to cleer the Questions in your Paper The King's Commissioners Reply in two severall Papers next following 2. Feb. VVEE conceive there was no cause your Lordships XLI should apprehend any losse of time occasioned by our Questions for that your Propositions concerning Religion were not delivered to us till Friday last And the Directory then delivered with them so long that the reading of it spent the residue of that day and diverse other Papers to which the Propositions referred without which we could not consider them were not deliverd us before yesterday and some of them not till after the Paper which imputes a delay to us and your Lordships having propounded only generall heads of a Presbyteriall government without any particular Modell of it which in severall Reformed Churches as we are informed is various both in names and Powers it was necessary to understand the particular expressions in your paper the alteration desired being so great and being proposed to be enacted which will require His Majesties consent whom we ought to satisfy having so great a trust reposed in us And we desire your Lordships to consider how impossible it hath been for us to give your Lordships in lesse then two daies a full answer which in your last Paper you require to what you propose which is in effect to consent to the utter abolishing of that Government Discipline and publique Forme of the Worship of God which hath been practized and established by Law here ever since the Reformation And which we well understand and the Alteration of which in the manner proposed takes away many things in the Civill Government and provides no remedy for the inconveniences which may happen thereby And to consent to the Alienation of the Lands of the Church by which for ought appears besides infinite other considerations so many Persons may be put to begge their bread to oblige His Majesty and all His Subjects to the taking a new Oath or Covenant and to receive and consent to a new Government we do not nor without information cannot understand And which in truth appears to us by your Lordships Propositions not to be yet agreed upon in the particulars And your Lordships having declared to us that you have other things to propose to us concerning Religion which you doe not yet think it fit time to acquaint us withall Notwithstanding all which difficulties we shall proceed with all possible expedition and desire your Lordships will not object delayes to us till we give you just occasion February 2. THat we may make a right use of the Information your XLII Lordships were pleased yesterday to afford us in Debate upon the Questions proposed by us concerning the Propositions in your Lordships paper annexed for the future Governement of the Church and so have some understanding of that Governement intended by your Lordships in place of that you propose to be abolished we desire to receive your Lordships answer in writing whether these short Collections upon the Debate yesterday be the Summe of your Lordships Resolutions or Informations
to doe as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any troubles arising in the Kingdoms by breach of the said Articles and to heare and determine all differences that may occasion the same according to the Treaty and to doe further according as they shall respectively receive instructions from both Houses of Parliament in England or the Estates of Parliament in Scotland And in the intervals of Parliaments from the Commissioners for the preservation of the publique Peace 3. To raise and joyne the Forces of both Kingdoms to resist all Forraigne Invasion and to suppresse any Forces raised within any of the Kingdoms to the disturbance of the publique Pence of the Kingdoms by any authority under the Great Seale or other warrant whatsoever without consent of both Houses of Parliament in England and the Estates of the Parliament in Scotland or the said Commissioners of that Kingdome whereof they are Subjects And that in those cases of joynt Concernâ—ment to both Kingdoms the Commissioners to be directed to be there all or such part as aforesaid to Act and direct as joynt Commissioners of both Kingdomes We desire that the Militia of the City of London may be in the Ordering and government of the Lord Major Aldermen and Commons in Common-Councell assembled or such as they shall from time to time appoynt whereof the Lord Major and Sheriffs for the time being to be three And that the Militia of the Parishes without London and the Liberties within the Weekly Bills of Mortality may be under the command of the Lord Major Aldermen and Commons in Common-Councell of the said City to be ordered in such manner as shall be agreed on and appoynted by both Houses of Parliament We desire that the Tower of London may be in the Government of the City of London and the chiefe Officer and Governour thereof from time to time be nominated and removeable by the Common-Councell And that the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent And that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future After these Propositions made the King's Commissioners for their Information concerning these Propositions gave in severall Papers The King's Commissioners Paper 4. February WE conceive the Propositions delivered by your Lordships LXXIV concerning the Militia import very great alterations in the maine foundation of the Frame of Government of this Kingdome taking by expresse words or by necessary consequence the whole military and Civill power out of the Crown without any limitation in time or reparation proposed Therefore we desire to know for what terme you intend the Militia shall be setled in such manner as may be a reasonable and full security which we are ready and desirous to give to preserve the Peace now to be setled and to prevent all disturbances of the publique peace that may arise by occasion of the late Troubles For the better doing whereof we are ready by conference to satisfie your Lordships in any particulars Their Answer 4. Feb. OVr Paper given in to your Lordships concerning the Militia LXXV doth not containe the alterations mentioned in your Lordships Answer but desires that which by the wisdome of the Parliaments of both Kingdomes is judged necessary at this time for the security of His Majesties Kingdomes and preservation of the Peace now to be setled and untill your Lordships shall declare an assent unto the matter therein expressed we conceive it will not be seasonable to give any answer concerning the time And we are ready to conferre with your Lordships upon what shall be offered by you to our Paper concerning the Miâ—itia formerly delivered The King's Commissioners Reply 4. February WE are of opinion that the Propositions in your Lordships LXXVI Paper containe the Alterations mentioned in the paper we lately delivered to your Lordships and take by expresse words or necessary consequence the whole Military and Civill Power out of the Crowne which alterations we are ready to make appeare in debate And the alterations being so great we have reason to desire to know the limitation of time the consideration of which makes the Propositions more or lesse reasonable The King's Commissioners second Paper 4. February VVE desire to know who the Commissioners shall be in LXXVII whose hands the Forces by Sea and Land shall be entrusted And whether you intend His Majesty shall be obliged to consent to such Persons or whether He may except against them and name others in their places of knowne affection to Religion and Peace Their Answer 4. February THe Commissioners in whose hands the Forces by Sea and LXXVIII Land shall be entrusted are to be nominated for England by both the Houses of the Parliament of England and for Scotland by the Estates of the Parliament of Scotland as is expressed in our Paper formerly delivered to your Lordships concerning the Militia The King's Commissioners Reply 4. February WEE desire a full answer to our Paper concerning the Persons LXXIX to be entrusted with the Militia it being very necessary to know the persons before consent can be given to the matter and whether His Majesty may except against any such persons and nominate others in their roomes against whom there can be no just exception The King 's Commissioners 3d Paper 4. February VVE desire to know whether your Lordships intend that LXXX the Militia of the City of London shall be independent and not subordinate to those Commissioners in whose hands the Forces by Sea and Land shall be entrusted Their Answer 4. Febr. IT appeares by the Propositions concerning the Milisia of the LXXXI City of London that the same is to be ordered in such manner as shall be agreed on and appoynted by both Houses of Parliament The King's Commissioners Reply 4. February VVE desire an answer to our Paper concerning the Militia LXXXII of the City of London whether the same shall be subordinate to the Commissioners in whose hands the Forces by Sea and Land are to be intrusted your Lordships Answer that the same is to be ordered in such manner as shall be agreed on and appoynted by both Houses of Parliament which yet doth not appeare by the Propositions being no answer to the question The King's Commissioners Paper 5. February HAving with great diligence perused your Lordships Paper LXXXIII concerning the Militia and being very desirous to come to as speedy a conclusion in that Argument as we can We will be ready to morrow to give your Lordships our full Answer which we are confident will give your Lordships fatisfaction concerning the matter of the Militia of this Kingdome The King's Commissioners Paper in Answer to the Propositions concerning
your Lordships ascribe so much to your own Concessions we shall only say That for Religion you have granted very little or nothing but what we are already in possession oâ— by the Lawes of this Kingdome For the businesse of the Militia your Lordships have not thought fit to consent to any one of ouâ— demands but in that as in Religion have made some new Propositions of your own which are not in any degree sufficient for setling and securing the Peace of the Kingdoms As for the Propositions for Ireland your Lordships have bin so far from affording a consent thereto that you have iustified the distructive Cessation there and strongly implyed an intention to renew the same and have not yeelded to any part of our Propositions concerning that Kingdomâ— we shall represent your Lordships papers to the Parliaments of both Kingdoms who upon due consideration thereof will do what is farther necessary for the good and Peace of His Maiesties Dominions Besides these severall desires aboue mentioned from time to time for addition and enlargment of time for continuing and prolonging the Treaty or if discontinued that it might be revived and after a representation to the Houses their answer might be sent to His Maiesty In another paper before No. 135. upon the head of the Militia His Maiesties Commissioners did propose That if the Treaty might not then continue it might be Adiourned for such time as they should think fit and not totally dissolve but be again resumed which paper is not here inserted to avoyd repetition being before upon the head of Militia and to which as to that point of Adiournment no answer was given No papers were given in to their Commissioners in answer to the last mentioned paper dated the 22 of Feb. No. 197 which came in about two of the clock in the morning after Nor to that of the same date No. 135. concerning the Militia which came in with it Nor to their two last concerning Ireland of the 22 of Feb. N o 177 and 178 which came in about 12 of the clock that night all which were of such length delivered upon the close of the Treaty and those which came in about two of the clock upon the departure of the Commissioners that it was impossible to give present answers nor could any be given after as part of the Treaty without consent which was required by His Maiesties Commissioners but not granted neither is any thing here inserted in answer to those papers because by the agreements between the Commissioners in the beginning of the Treaty nothing was to be taken as part of the Treaty but what should be put in writing And this Relation is intended only for a Narrative of the Treaty conformable to the agreements without any observations upon it or additions unto it other then necessary Introductions and Transitions for coherence and more cleare understanding the Passages of the Treaty FINIS THE APPENDIX HIS MAIESTIES MESSAGE FROM EVESHAM of the 4th of Iuly 1644. To the LORDS and COMMONS of Parliament Assembled at Westminster CHARLES R. WEE being deeply sensible of the miseries I. and calamities of this Our Kingdom and of the grievous sufferings of Our poor Subjects do most earnestly desire that some expedient may be found ouâ— which by the blessing of God may prevent the further effusion of blood and restore the Nation to Peace from the earnest and constant endeavouring of which as no discouragement given Vs on the contrary part shall make Vs cease so no successe on Ours shall ever divert Vs. For the effecting whereof We are most ready and willing to condescend to all that shall be for the good of Vs and Our People whether by way of confirmation of what we have already granted or of such further coâ—cession as shall be requisite to the giving a full Assurance of the Performance of all Our most reall Professions concerning the maintenance of the true Reformed Protestant Religion established in this Kingdom with due regard to the ease of tender coâ—sciences the just Priviledges of Parliament and the Liberty and Property of the Subject according to the Lawes of the Land As also by granting a generall Pardon without or with exceptions as shall be thought fit In order to which blessed Peace We do desire and propound to the Lords aâ—d Commons of Parliament assembled at Westminster That they appoynt such and so many Persons as they shall think fit sufficiently authorizâ—d by them to attend Vs at Our Army upon safe conduct to come and returne which we doe hereby grant and conclude with Vs how the Premisses and all other things in question betwixt Vs and them may be fully setled whereby all unhappy mistakings betwixâ— Vs and Our People being removed there may be a present Cessation of Armes and as soon as may be a totall Disbanding of all Armies the Subject have his due and We be restored to Our Rights Wherein if this Our offer shall be accepted there shall be nothing wanting on Our part which may make our people secure and happy Given at Our Court at Evesham the 4. of Iuly 1644. His Majesties Message from Tavestock of the 8. of September 1644. To the Lords and Commons of Parliament Assembled at Westminster CHARLES R. IT having pleased God in so eminent a II. manner lately to blesse Our Armies in these parts with successe We do not so much joy in that blessing for any other consideration as for the hopes We have that it may be a meanes to maâ—e others lay to heart as We do the miseries brought and continued upon Our Kingdom by this unnaturall War and that it may open your eares and dispose your mindes to embrace those offers of Peace and Reconciliation which have been so often and so earnestly made unto you by Vs and from the constant and fervent endeavours of which We are resolved never to desist In Pursuance whereof We do upon this occasion conjure you to take into consideration Our too long neglected Message of the fourth of Iuly from Evesham which We again renue unto you And that you will speedily send Vs such an Answer thereunto as may shew unto Our poor Subjects some light of a deliverance from their present calamities by a happy Accommodation toward which We do here engage the word of a King to make good all those things which We have therein promised and really to endeavour a happy conclusion of this Treaty And so God direct you in the wayes of Peace Given at Our Court at Tavestock the 8. of September 1644. THE BILL FOR ABOLISHING EPISCOPACY WHEREAS the Government of the III. Church of England by Arch-Bishops Bishops their Chancellours and Commissaries Deanes Deanes and Chapters Arch-Deacons and other Ecclesiasticall Officers depending upon the Hierarchy hath by long experience been found to be a great impediment to the perfect Reformation growth of Religion and very prejudiciall to the Civill State Government of the Kingdom Be it therefore
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
the great and imminent danger of the true Protestant Religion in regard of the great Forces of Papists Prelates Malignants their Adherents raised imployed against the constant Professors thereof in England and Ireland thought fit to send their Commissioners unto the Kingdom of Scotland to Treat with the Convention of Estates generall Assembly there concerning such things as might tend to the preservation of Religion the mutuall good of both Nations And to that end to desire a more neere and strict union betwixt the Kingdoms And the Assistance of the Kingdom of Scotland by a considerable strength to be raised and sent by them into the Kingdom of England And whereas upon a consultation held betwixt the Commissioners of the Parliament of England the Committees of the Convention of Estates and Generall Assembly No meanes was thought so expedient to Accomplish and strengthen the Vnion as for both Nationâ— to enter into a Solemne League and Covenant and a forme thereof drawn and presented to the two Houses of Parliament of England the Convention of Estates and Generall Assembly of Scotland which hath accordingly been done and received their respective Approbation And whereas the particulars concerning the Assistance desired by the two Houses of the Parliament of England from their Brethren of Scotland were delivered in by the English Commissioners August the 19. to the Convention of Estates who did thereupon give power to their Committee to consider and debate further with the English Commissioners of what other Propositions might be added or concluded Whereby the assistance desired might be made more effectuall and beneficiall And in pursuance thereof these Propositions following were considered of and debated by the Committee and Commissioners aforesaid To be certified with all convenient speed to the two Houses of the Parliament of England and the Convention of Estates of Scotland by their respective Committees and Commissioners to be respectively taken into their consideration and proceeded with as they should finde cause Which being accordingly done and these ensuing Propositions approved agreed and concluded of by the Houses of the Parliament of England and the Committee of the Estates of Scotland respectively and power by them given to their respective Committees and Commissioners formerly to agree and conclude the same as may appeare by the Votes of both Houses dated the first of November and the Order of the Committee bearing date the 17th of November Wee the said Commissioners and Committees according to their Votes and Orders do formally conclude and agree upon these Articles following And in confirmation thereof doe mutually subscribe the same 1. It is agreed and concluded that the Covenant represented to the Convention of Estates and Generall Assembly of Scotland and sent to both Houses of the Parliament of England in the same forme as it is now returned from the two Houses of the Parliament of England to their Brethren of Scotland and allowed by the Committee of Estates and Commissioners of the Generall Assembly be sworne and subscribed by both Kingdomes as a most neer Tye and Conjunction between them for their mutuall defence against the Papists and Prelaticall Faction and their adherents in both Kingdomes and for pursuance of the ends expressed in the said Covenant 2. That an Army to this purpose shall be Levyed forthwith consisting of Eighteen Thousand Foot effective and two Thousand Horse and one Thousand Dragooners effective with a suteable Traine of Artillery To be ready at some Generall Rendezvous neer the Borders of England to March into England for the purposes aforesaid withall convenient speed The said Foot and Horse to be well and compleatly Armed and provided with Victualls and Pay for Forty daies And the said Trayne of Artillery to be fitted in all points ready to March 3. That the Army be commanded by a Generall appoynted by the Estates of Scotland and subject to such Resolutions and directions as are and shall be agreed and concluded on mutually between the two Kingdoms or by Committees appoynted by them in that behalfe for pursuance of the ends above mentioned 4. That the Charge of Levying Arming and bringing the said Forces together Furnished as also the fitting the Traine of Artillery in readinesse to March be computed and set owne according to the same Rates as if the Kingdom of Scotland were to raise the said Army for themselves and their own Affaires All which for the present is to be done by the Kingdom of Scotland upon Accompt And the Accompt to be delivered to the Commissioners of the Kingdom of England and when the Peace of the two Kingdoms is setled the same to be repaid or satisfied to the Kingdom of Scotland 5. That this Army be likewise paid as if the Kingdom of Scotland were to imploy the same for their own occasions and toward the defreying thereof it not amounting to the full months pay shall be Monthly allowed paid the summe of thirty thousand pounds sterling by the Parliament of England out of the Estates and Revenues of the Papists Prelats Malignants and their Adherents or otherwise And in case the said Thirty thousand pounds Monthly or any part thereof be not paid at the time when it shall become due and payable The Kingdom of England shall give the Publique Faith for the paying of the remainder unpaid with all possible speed Allowing the rate of eight pounds per centum for the time of the performance thereof And in case that notwithstanding the said Monthly summe of Thirty Thousand pounds paid as aforesaid the States and Kingdom of Scotland shall have just cause to demand furthar satisfaction of their Brethren of England when the Peace of both Kingdoms is setled for the pains hazard and charges they have undergone in the same They shall by way of brotherly assistance have due recompence made unto them by the Kingdom of England And that out of such Lands and Estates of the Papists Prelats Malignants and their Adherents as the two Houses of the Parliament of England shall think fit And for the assurance thereof the Publique Faith of the Kingdom of England shall be given them 6. And to th' end the said Army in manner aforesaid may be enabled and prepared to march The Kingdom of England is to pay in ready money to their Bâ—ethren of Scotland or such as shall have power from the Estates of that Kingdom the summe of one hundred thousand Pounds sterling at Leith or Edenburgh with all convenient speed by way of advance before hand which is to be discounted back againe unto the Kingdom of England by the Kingdom of Scotland upon the first Monthly allowance which shall grow due to the Scottish Aâ—my from the time they shall make their first entrance into the Kingâ—â—m of England 7. That the Kingdom of Scotland to manifest their willingnesse to their utmost ability to be helpfull to their Brethren of England in this common Cause will give the Publique Faith of the Kingdom of Scotland to be
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
HAving received an account of the passages of the late Treaty from our Commissioners We caused a Narrative thereof to be made and published wherein besides the necessary connexions there is nothing set down but what paâ—â—ed in writing But because their last Paper upon the subject of the Militia and two last Papers concerning Ireland were delivered upon the close of that Treaty although We conceive the answers given in the papers formerly delivered by Our Commissioners are abundantly sufficient to give satisfaction to those also Yet because there may be a want of memory in some and of observation in others who shall read that Narrative to bring home and apply the former answers of Our Commissioners to those papers and because they seeme to expect answers which the Treaty being determined cannot be given by Our Commissioners and to vindicate Our Selfe from many passages scattered in those papers particularly reflecting upon Our Person and Royall Authority We have thought fit for the the further satisfaction of all Our good People to make these ensuing answers And first to that * See it in the Narrative no. 136. Paper concerning the Militia WHoseover shall observe the passionate expressions in the close of this Paper wherein they do most earnestly desire Our Commissioners as they tender the deplorable Estate of these bleeding Kingdomes the setling Religion Our Honour and the composing these miserable distractions to give full and cleare answers to the demands concerning the Militia might very well believe that they who so importunately demanded would as willingly have received an answer But when it shall be considered that this pâ—per was not delivered in till after two of the clock in the morning upon the breaking off the Treaty when â—hey had denyed any furthâ—r time to treat or to receive any papers dated as within the time of the Treaty as formerly was mutually done and this very paper of theirs delivered in truth upon the 23 was received as dated the 22 of February it will be most apparent they kept it as a Reserve to be purposely by designe delivered so as it should remaine unanswered For the matter of that paper They say they have by their answers satisfied the severall questions proposed to them by Our Commissioners touching the Militia It was necessary they should have done so that it being proposed to Vs to part with so great a trust as the power of the Sword and to put it wholly out of Our own hands we might know how and to whom and for what time and upon what termes We parted with it But We will look back upon some of their answers that it may appeare what they are Our Commissioners desired to know who the Commissioners should be in whose hands the Forces both by Sea and Land See the Narrative no. 77. should be entrusted and whether we might except against such persons and name others in their places of knowne affections to Religion and Peace To that part of the question whether we might except against the Persons they made no answer To the other part requiring who the Commissioners should be they answered That the Commissioners were to be named for No. 78. England by the two Houses and for Scotland by the Estates of the Parliament there whereas the question was not who should name those Commissioners but who they were that should be named a thing most necessary for us to know before we entrusted them with so great a power Our Commissioners desired to know whether the Militia No. 80. of London should be independent and not subordinate to those Commissioners They answered It appeared by the Propositions No. 8â— the same was to be ordered in such manner as should be agreed on by both Houses Which was no answer to the question though likewise necessary to be knowne the Militia of London being so great and of such importance Our Commissioners desired to know what Authority the No. 105 107. Commissioners nominated by the Estates of the Parliament of Scotland were to have in the Militia and setling of all Forces by Sea and Land in this Kingdome and what influence the advices and orders from the Estates of that Parliament should have upon this Kingdome They answered That might be No. 106 107 112. fully satisfied by the Propositions concerning the Militia And though Our Commissioners desired it they could get no other answer from them in writing Our Commissioners desired to know what Iurisdiction they No. 109. intended the Commissioners of both Kingdomes should have by the power given to them to heare and determine all differences that might occasion the breach of the Articles of the Peace and by what Law they should proceed to heare and determine the same They answered That the Commissioners No. 110. were to proceed in such manner as was expressed in the Propositions Whereas the Propositions expresse no more then what is contained in the words of the question And being further pressed to an answer they answered That the matter of the No. 111. Iurisdiction of the Commissioners was expressed in the Propositions and for the manner of exercising of it and by what Law they should proceed The same was to be setled by the two Houses of the Parliament of Enâ—land and the Estates of the Parliament of Scotland respectively This being no answer and a full and direct answer being required to these questions the answer No. 113. 115. given was That they referred themselves therein to their former answers Our Commissioners desired to see the Act of the late Treaty No. 116. for the setling of the Garrison of Berwick of the 29th of November 1643. being made betwixt the two Houses and those of Scotland without Our Privity as relaâ—ing to the businesse of the Militia They answered It was not then to be Treated on No. 117. but was reserved to it's proper time and Our Commissioners could never see it Our Commissioners desired to know whether by the joynt No. 118. power mentioned in the 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 they intended any other then Military power for suppressing Forces only which question was asked because in the Proposition there are two distinct Clauses one whereby they have that power to preserve the Peace the other whereby they have No. 119. power to suppresse Forces In answer to this they referre Our Commissioners to the Propositions That these answers though made to questions arising upon the doubtfull expressions in their Propositions referring to the Propositions themselves or to what was not then but was after to be setled by the two Houses are not satisfactory answers to those questions is most evident but We doe not wonder they were unwilling We should see the cleare drift of those Propositions the ill consequence whereof which hereafter appears We are willing to beleeve most
therefore they have in a manner given up their power in this unhappy warre at home to their State Committee whose resolutions are rather brought to them for Countenance and execution then for debate and deliberation They tell us the Parliament of England is a faithfull Councell to us and that we have trusted them with the prosecution of that Warre and they faithfully discharged their parts in it We wish though We are willing to be silent in it that yet the ruines and desolations of this Kingdom would not speak to posterity what Councellors those are who have divested Vs of Our Revenue Armes Ships Power and even the security of Our person who have Armed Our Subjects here who have brought in the Scots into this Kingdom to the tearing up the bowels of it who have infamously libelled against Vs and Our Consort who have threatned to depose Vs and impeached Her of Treason and who those are who have denied Peace to this miserable Kingdom unlesse We would consent to their unreasonable destructive Propositions overturning the whole frame of government both in Church and State They say and it is true We trusted them with the Prosecution of that Warre and how faithfully they discharged it We will not again repeat but We never trusted them so as to exclude Our Selves as they now suppose and if we had relyed more on the judgements and advice of Our Privy Councell and lesse on theirs neither that nor this Kingdom had been in the condition they now are It was their interposition and advice which hindred the transportation of the Army of Irish Natives out of that Kingdom into Spaine even to Our disreputation abroad who had agreed with the Spanish Embassadour to send them over and he in confidence of Our performance had disbursed Mony for their transport and had they been transported their stay as it provoked them so it emboldening and strengthening the other Irish we are confident the flames of that Rebellion would never have broken forth at all or at most have been so small as might suddenly have been extinguished It was their advice that staid Our going over thither in person which probably might have stopped the rage of that warre and by the blessing of God would have saved the effusion of much blood which was since shed in that Kingdom It was their unseasonable Declarations at the beginning of the Rebellion before the old English and other Papists had engaged themselves with the Rebels of Vlster of making it a warre of Religion and against that connivence which had been used in that Kingdom ever since the Reformation and tending to make it a Nationall quarrell and to eradicate the whole stock of the Irish which they now pursue by giving no quarter to those few of that Nation in England who never were in that Rebellion but according to their duty assist Vs their Soveraigne which made the Rebellion so generall whereas otherwise the old English as in former times though Papists would have joyned against those Rebels When We had offered in December 1641. That 10000 volunteers should be raised presently in England for the service of Ireland if the House of Commons would declare they would pay them Instead thereof in Ianuary following Propositions were made for the transporting the Scots into Ireland and We were advised by the two Houses to give the Command and keeping of the Town and Castle of Carickfergus to the Scottish who were to be transported thither and paid by this Kingdom to which we returned answer that we did not approve the same as prejudiciall to the Crowne of England and the service intended and implying too great trust for auxiliary Forces yet afterwards because We perceived the insisting upon it would breed a great delay in the necessary supply of that Kingdom we did admit of the advice of the Parliament in that particular and since by the Articles of the 6th of August 1642. which though said to be made by Commissioners authorised by Vs and the Parliament of England we never were made acquainted with them till upon this Treaty almost three years after both the Townes and Castles of Carickfergus and Colerane are left with them as Cautionary the consequence whereof was such that though the service of Ireland was little advanced or the poor English Protestants relieved by it and this Kingdom drayned to pay those whose great arrears growing upon that agreement must be paid out of Lands in Ireland where they have so good footing already or of Our good Subjects in England according to their other Propositions By this means the Scottish having an Army there under colour of supplying them Our Armes and Ammunition were sent into Scotland for the supply of another Army to be brought into England and the countenance of that Army in Ireland as it gave encouragement to some of Our Scottish Subjects so it over-awed others and was a means without any the least provocation to those Our ungratefull Subjects of bringing of another Army into this Kingdom where they still remaine to the utter ruine of many of Our good Subjects and the probable destruction of the whole Kingdom And lastly it was upon their advice in February 1641. shortly after those Propositions tendred for transporting the Scots into Ireland that we agree that the Rebels Lands should be shared amongst the Adventurers and the Rebels to have no Pardons though we then expresly declared We did it meerly relying upon their Wisdom without further examining what we in Our particular judgement were perswaded Whether that course might not retard the reducing of that Kingdom by exasperating the Rebels and rendring them desperate of being received into grace if they should returne to their obedience And it is most apparent that those Propositions and the Act drawn upon them wherein also a further Clause not observed by Vs but passed as conceiving that Act had wholly pursued the Propositions was inserted That every Person who should make enter into or take any Compact Bond Covenant Oath Promise or Agreement to introduce or bring into the said Realme of Ireland the Authority of the Sea of Rome in any case whatsoever or to maintaine or defend the same should forfeit his Lands and Goods as in case of Rebellion were great causes not onely of provoking buâ— increasing and encouraging the Rebels who having no pretence before for that horrid Rebellion had now some colour to make it a matter of Religion and so to make their application to Forreigne Princes and to negotiate with them for delivering that Kingdome into their hands We professe Our aversion from their Religion and hatred to their Rebellion but though We think them worse Christians because they are Rebels we think them not worse Rebels because they are Papists A Protestant Rebel in the same degree of Rebellion hath farre more to answer as having more light and it being more expressely against the Religion he professeth whereof it hath heretofore been a maxime though it be now