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
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
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
desire to see the Bills for the observation of LIX the Lords day for suppressing of Innovation in Churches and Chappell 's and for the better advancement of the Preaching of Gods Holy Word which are mentioned in your Lordships * No. 52. Paper of the 11 of Feb. we being very ready to consent to the Subject Matter of those Bills We have expressed in our Paper delivered to your Lordships what we conceive fit to be done in the businesse of Pluralities which will prevent any inconveniences that way And when your Lordships shall give us your Demands concerning Papists and when we shall see the Acts for the regulating and reforming of both Vniversities of the Colledges of Westminster Winchester and Eton and for the Education and Marriage of His Majesties Children and the Children of His Heyres and Successors in the true Protestant Religion We shall give your Lordships such Answers as shall be fit being very willing to concurre with your Lordships in any good meanes for the suppressing of Popery and advancement of the Protestant Religion And we are well assured that His Majesty hath taken a pious care for the Education of all his Children in the true Protestant Religion and having already marryed one of His Children to the satisfaction we conceive of all his good Subjects we are confident in due time His Majesty will so dispose of the rest in Marriage as shall be most for the advancement of Religion and the good and wellfare of all His Dominions Their Answer to the First 13. February WHereas we expected your Lordships resolution for His LX. Majesties assent unto the Bill for the utter abolishing of Arch-bishops Bishops c. We find by your Paper given in this Evening that your Lordships are not yet satisfied that the Bill should passe and you are pleased to expresse severall Reasons and Objections against it which were at large answered and cleared at the Publique debate But what was then said by us is now by your Lordships wholly omitted nor may we in writing represent it againe unto your Lordships it not being agreeable to the usage of Parliaments to deliver reasons for or against a Bill though we were willing by conference in the Treaty to satisfy all doubts and remove all scruples which remayned with you And so farre were we from consenting that Episcopacy hath continued from the Apostlestimes by continuall Succession that the contrary was made evident unto your Lordships and the unlawfulnesse of it fully proved And as for that which your Lordships have propounded for uniting and reconciling all differences in the matter of Religion it is a new Proposition which wholly differs from ours is no way satisfactory to our desires nor consisting with that Reformation to which both Kingdoms are obliged by their solemne Covenant therefore we can give no other answer to it but must insist to desire your Lordships that the Bill may be past and our other demands concerning Religion granted The King's Commissioners Reply thereunto 13. February VVEE conceive that our Answer to your Lordships concerning the Bill for the utter abolishing of LXI Arch-bishops Bishops c. was so reasonable that it cleerly appears thereby that the passing that individuall Bill is not agreeable to Conscience and Iustice and that it would be very prejudiciall to the Civill State and to the Peace of the Kingdome neither have the reasons and objections given by us against it first in debate and since in writing been answered in debate by your Lordships And therefore we know no reason why your Lordships may not give an Answer to those objections in writing For as it is not agreeable to the usage of Parliaments for the two Houses to give His Majesty reasons why He should passe any Bill presented by them so it is no more agreeable to the same usage for His Majesty to give reasons why he doth not passe Bills so presented But we desire your Lordships to consider that we are now in a Treaty and we conceive the proper businesse thereof to be for your Lordships to give us Reasons why His Majesty should consent to the Propositions made by you or for us to give Reasons to your Lordships why we cannot consent to those Propositions otherwise it would be only a Demand on your Lordships part and no Argument of Treaty between us And we must professe to your Lordships that as we conceived in our former paper the Succession of Episcopacy by Succession from the Apostles time was consented to on all parts so we cannot remember that the contrary thereof was so much as alleadged much lesse that the unlawfulnesse thereof was proved the Question of the lawfulnesse thereof having never yet come in debate And we shall be very ready to receive any assertion from your Lordships to that purpose not doubting but we shall give your Lordships full satisfaction in that poynt And we conceive the Alterations proposed to us by your Lordships to be a very proper Answer to your Lordships Propositions and most agreeable to the end for which those Propositions seem to be made And that since it appears that the utter abolishing of Episcopacy in the manner proposed is visibly inconvenient and may be mischievous the Regulating of Episcopacy being most consonant to the Primitive Institution will produce all these good effects towards Peace and unity which Regulated Episcopacy is the summe of our former paper we desire your Lordships to consent to the same And we againe offer to your Lordships that if you shall insist upon any other things necessary for Reformation we will apply our selves to the consideration thereof Their Answer to the Second 13. Feb. WEE conceive your Lordships second Paper this day delivered LXII to us is a deniall of our demands that the Ordinance for the Calling and Sitting of the Assembly of Divines be confirmed by Act of Parliament And that His Majesty take the Solemne League and Covenant and the Covenant be injoyned to be taken according to the second Proposition Wherein if we misconceive your Lordships intention we desire you would explaine the meanings and accordingly shall make our reports to the Parliaments of both Kingdoms The King's Commissioners Reply 13. February COncerning the Ordinances for the Calling and Sitting of LXIII the Assembly of Divines and the taking the Covenant we can give no farther Answer then we have done in our second Paper delivered to your Lordships this day Their Answer to the Third 13. Febr. VVEE doe conceive your Lordships third paper is a Deniall LXIV of our Demands concerning the Directorie for publique worship and the Proposition for Church-Government against which your Lordships have made no objection and your Queres are already satisfied by Conference And we shall accordingly make our reports to the Parliaments of both Kingdoms The King's Commissioners Reply 13. Feb. OVr expressions in our Answer to your Lordships demands LXV concerning the Directory for publique worship import onely what
Kingdome All which if your Lordships please shall be examined by you with the Originalls And we are therefore of opinion that our Answer formerly delivered is a good Answer to the point of Cessation in question And that it was not unfit for His Maiesty to agree to that Cessation nor destructive to the Protestant Religion nor for the advantage of the Popish Rebells but much for the advantage of the Protestant Subjects there who were in apparent hazard of destruction by Force and Famine occasioned by the want of Supplies which had been promised to them as we have formerly said And we shall give yout Lordships a further Answer to your other Propositions concerning Ireland when the time comes againe for that Debate Here ended the first three dayes of the Treaty concerning Ireland and the night before the return of the next three dayes their Commissioners delivered this Paper 17. February VVE conceived that the Arguments used by us that His CXLVII Maiesty neither had or hath power to make the Cessation with the Rebells of Ireland might have fully satisfied your Lordships and if any doubts yetremaine we are ready by Conference to cleare them Your Lordships may well call to minde the severall Clauses we insisted upon in the Statute and the Arguments we have given from the Common-Law and other proceedings in Parliament And we doe affirme that severall great Summes of Money were paid by particular Persons and by Corporations who according to the true intent of the Statute ought to have the benefit of the same according to divers other Acts of Parliament in pursuance thereof and upon failer of payment by any particular Persons the forfeiture was to accrew to the Common benefit of the rest not failing And we doe deny that the Argument of Interest was at all waved by us And we conceive those wants alleadged by your Lordships if any such were in iustifying the Cessation were supplied from time to time by the Houses of Parliament untill His Maiesties Forces were so Quartered in and about the common Roades to Ireland that Provisions going thither were intercepted and neither Money Clothes Victualls or other things could passe by Land with safety to be transported And when that both Houses of Parliament were desirous further to supply those Wants and for that purpose did tender a Bill to His Majesty It was refused And we still alleadge that we have no reason to be satisfied concerning the Cessation by any Arguments used by your Lordships or by any thing contained in the Extracts of the Letters and Papers delivered to us by your Lordships as from the Lords Justices and Councell of Ireland and the Officers of the Army nor though desired by us have your Lordships afforded us Liberty to compare those Extracts with the Originalls whereby we might have the names of the Persons by whom they were written which we now againe desire We are therefore still clearly of Opinion as is expressed in our former Paper of the 10th of February concerning the Cessation and doe desire your Lordships full Answer to our Demands concerning Ireland The King's Commissioners Answer 18. February VVE did not conceive that your Lordships had beleeved CXLVIII that any Arguments used by you could satisfie us against His Majesties Power to make a Cessation with the Rebellâ— in Ireland which appeares to have been made by Him by the Advice of his Councell there and for the preservation of His Majesties Protestant Subjects of that Kingdome who in all probability would have perished by Famine and the Sword if that Cessation had not been made And we shall be very ready to receive farther Information from your Lordships by Conference or otherwise in that particular either concerning any Clauses in the Statute or Arguments at Common-Law or proceedings of Parliament your Lordships having never mentioned the one or made any Case upon the other upon which you intend to insist And for the severall great Summes of Money that were paid by particular Persons and Corporations upon that Statute mentioned by your Lordships we are sorry that we are compelled by your Lordships insisting thereon to informe your Lordships that His Majesty had cleare information that not only much of the money raised by the Act for the 400 thousand pound which was passed for the better suppressing that most wicked and execrable Rebellion in Ireland and for the payment of the debts of this Kingdom but also of the Mony raised by the Statute on which your Lordships insist for the speedy and effectuall reducing of the Rebels of Ireland c. and other moneys raised by Contribution and Loane for the reliefe of His Majesties distressed Subjects of that Kingdom were expended contrary to the intent of the Acts by which the same were levied and of the Persons who lent and contributed the same towards the maintenance of the Forces in this Kingdom under the Command of the Earle of Essex And that many Regiments of Horse and Foot leavied for the Warre of Ireland under the command of the Lord Wharton the Lord Kerry Sir Faithfull Fortescue and others were likewise imployed in that Army under the Earle of Essex at Edge-Hill and therefore His Majesty refused to consent to the Bill presented to His Majesty after this for the Levying more mony for Ireland justly fearing that the same might be used as the former had been And for the few cloathes for there were no Moneys intercepted by His Majesties Souldiers in His Maiesties Quarters which are said to be intended for Ireland the same were intercepted neere Coventrey and going thither after that City had refused to receive His Maiesty though at the Gates But His Maiesty never refused to give any safe Passe through His Quarters for any Goods or Provisions which were intended or prepared for Ireland neither was the same ever desired For the extracts and Copies of the Letters delivered by us to your Lordships from the Lords Iustices and Councell of Ireland and the Officers of the Army We have been and are willing that your Lordships should compare them with the Originalls But for your having the names of the Persons who writ the same since there can be no doubt of the truth of our Assertions we conceive it not reasonable to desire the same not knowing what inconvenience any of them since you seem not to like that advice might incurre if at any time they should be found within your Quarters And having now satisfied your Lordships in the Matter of the Cessation we shall gladly proceed in the Treaty with your Lordships upon any thing that may be apparently good for His Maiesties Protestant Subiects there and the resetling of that Kingdom in His Maiesties Obedience Their Reply 18. Feb. WE doe conceive that the Arguments used by us might CXLIX have fully satisfied your Lordships against His Majesties power to make a Cessation with the Rebells in Ireland having answered whatsoever your Lordships have hitherto alleadged to the contrary and
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
have likewise sent your Lordship His Majesties safe Conduct for the persons desired and also a List of the names of those His Majesty hath appoynted to Treat for whom together with their Retinue His Majesty hath desired a safe Conduct The Answer inclosed HIs Majesty having received a Message by Sir Peter Killigrew from the Lords and Commons assembled in the VI. Parliament of England at Westminster and the Commissioners oâ— the Parliament of Scotland concerning a Treaty returns this answer That His Majesty doth very willingly consent that there be a Treaty upon the Matters contained in the Propositions lately sent unto him in such manner as is proposed and at the place appoynted in the said Message and to that purpose His Majesty will send the Duke of Richmond the Marquesse of Hertford the Earle of Southampton the Earle of Kingston the Earle of Chichester the Lord Capell the Lord Seymour the Lord Hatton the Lord Culpeper Secretary Nicholas M. Chancellour of the Exchequer the L. Cheife Baron Lane Sr Orlando Bridgman S â— Thomas Gardiner M. John Ashburnham M. Ieffery Palmer together with Dr Steward Clerk of His Majesties Closet upon the Propositions concerning Religion to meet with the persons mentioned in the said Message at Vxbridge on wednesday night the 29th of this instant Ianuary the Treaty to begin the next day Which persons or any ten of them shall be sufficiently authorised by His Majestie to Treat and conclude on His Majesties part And to the end that the persons aforesaid and their Retinue may repaire to Vxbridge stay there and returne at their pleasure without interruption or goe or send during their abode there to His Majestie as often as occasion shall require His Majesties desires that a safe Conduct may accordingly be sent for the said persons and their Retinue according to a List of their names herewith sent And then also inclosed in a Letter from Prince Rupert to the Earle of Essex His Majestie sent Propositions to be Treated upon on His Maiesties part which Letter and Propositions follow My Lord I am commanded by His Majestie to send these enclosed Propositions VII Prince Ruperts Letter to your Lordship to be presented to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland to the end that there may be as little losse of time as is possible but that the same may be treated on assoone as may be thought convenient after the entry upon the Treaty His MAjESTIES Propositions to the Lords and Commons Assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland for a safe and well grounded Peace 1. THat His Majesties owne Revenue Magazines VIII His Majesties Propositions Townes Forts and Ships which have been taken or kept from Him by force be forthwith restored unto Him 2. That whatsoever hath been done or published contrary to the knowne Lawes of the Land or derogatory to His Majesties Legall and knowne Power and Rights be renounced and recalled That no seed may remaine for the like to spring out of for the future 3. That whatsoever illegall Power hath been claimed or exercised by or over His Subjects as imprisoning or putting to death their Persons without Law stopping their Habeas Corpusses and imposing upon their Estates without Act of Parliament c. either by both or either House or any Committee of both or either or by any persons appointed by any of them be disclaimed and all such persons so committed forthwith discharged 4. That as His Majesty hath alwayes professed His readinesse to that purpose so He will most cheerfully consent to any good Acts to be made for the suppression of Popery and for the firmer setling of the Protestant Religion established by Law As also that a good Bill may be framed for the better preserving of the Book of Common-Prayer from scorne and violence And that another Bill may be framed for the ease of tender Consciences in such particulars as shall be agreed upon For all which His Majesty conceives the best expedient to be that a Nationall Synod be legally called with all convenient speed 5. That all such persons as upon the Treaty shall be excepted and agreed upon on either side out of the Generall Pardon shall be tryed Per Pares according to the usuall course and knowne Law of the Land and that it be left to that either to acquit or condemne them 6. And to the intent this Treaty may not suffer interruption by any intervening Accidents That a Cessation of Armes and free Trade for all His Majesties Subjects may be agreed upon with all possible speed Given at the Court at Oxford the 21th day of Jan. 1644. The Earle of Essex upon receipt hereof returned to Prince Rupert together with a safe Conduct this Letter of the 25. of Ianuary Sir I Am commanded by both Houses of the Parliament of England and desired by the Commissioners of the Kingdome of IX Scotland to desire your Highnesse to let His Majesty know That they doe agree that their Committees doe begin the Treaty aâ— Vxbridge on Thursday the 30th of this January with the Persons appointed by His Majesty on the matters contained in the Propositions lately sent unto His Majesty in such manner as was proposed And their Committees shall have Instructions concerning the Propositions sent from His Majesty in your Highnesse Letter And you will herewith receive a safe Conduct from the Lords and Commons assembled in the Parliament of England for the Persons that are appointed by His Majesty to come to Vxbridge to Treat on the Propositions for a safe and well grounded Peace with their Retinue in a List hereunto annexed Sir I am Westminster 25th Jan. 1644. Your Highnesse humble Servant ESSEX Thursday the 30th of Ianuary all the Commissioners named by His Maiestie and Commissioners named by the two Houses of Parliament in England and the Estates of the Parliament in Scotland did meet at Vxbridge where their Commissions were mutually delivered in and read and are as followeth His MAjESTIES Commission CHARLES R. WHEREAS after severall Messages sent by us to the X. Lords and Commons of Parliament assembled at Westminster expressing Our desires of Peace certaine Propositions were sent from them and brought unto Vs at Oxford in November last by the Earle of Denbigh and others and upon Our Answers Messages and Propositions to them and their returns to Vs it is now agreed That there shall be a Treaty for a safe and well grounded Peace to begin at Vxbridge on Thursday the 30th of this instant Ianuary as by by the said Propositions Answers Messages and Returnes in writing may more fully appeare We do therefore hereby appoynt assigne and constitute James Duke of Richmond and Lenox William Marquisie of Hâ—rtford Thomas Earle of Southampton Henry Earle of Kingston Francis Earle of Chichester Francis Lord Seymour Arthur Lord Capell Christopher Lord Hatton John
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
that whole Kingdom consented to such a Cessation we desire to be informed by your Lordships how that Cessation can be declared voyd without a breach of Faith and honour in His Majestie and we are ready by conference particularly to inform your Lordships of the motives which induced His Majestie to consent to that Cessation Their Answer 10. Feb. VVE conceive that His Maiestie had not power to make the CXLIII Cessation in Ireland nor had any iust grounds to doe the same and therefore we insist as in our former paper That an Act of Parliament be passed to make voy'd the Cessation of Ireland and conceive that His Maiestie is bound in honour and iustice to consent unto the same and we are ready to conferre with your Lordships as is desired and to receive your Lordships full answer to this the other particulars expressed in our paper concerning Ireland After long debates in conference which spent the greatest part of the day touching the motives of that Cessation and the King's power to make it His Majesties Commissioners delivered in this paper 10. Febr. WE have received no satisfaction or information in your CXLIV Lordships debate to alter our opinionâ— of His Majesties power to make the Cessation in Ireland and having carefully produced and considered the Statute alleadged by your Lordships we cannot find any particular clause in that Statute neither have your Lordships mentioned any though often desired by us so to do whereby His Majesties power to make a Cessation there is taken away and therefore we are still of opinion that His Majesty had full power to make and consent to that Cessation and we conceive that we have given your Lordships an account of very just grounds to induce His Majestie to do the same it appearing to His Maiestie by the Letters and advice from the Lords Iustices and Councell of that Kingdom and of the Officers of His Maiesties Army there which we have read to your Lordships and of which Letters and advices we now give * Copies of the Letters and advices were accordingly delivered Copies to your Lordships that His Maiesties good Protestant Subiects of that Kingdom were in imminent danger to be Over-runne by the Rebels and His Army to be disbanded for want of necessary supplies and that there was no such probable way for their preservation as by making a Cessation neither have your Lordships given us any satisfying reasons against the making the said Cessation or made it appeare to us that that Kingdom could have bin preserved without a Cessation and therefore we cannot apprehend how His Maiesty can with Iustice and honour declare the same to be voyd We shall be ready against the next time assigned for the Treaty touching Ireland to give your Lordships a further answer to your Propositions concerning that Argument the Treaty concerning Ireland of the 6th of August 1642. and the Ordinance of the 11th of April 1644. which we did never see till your Lordships delivered us Copies of them making so great an alteration in the Government there that we cannot be prepared for the present to make a full answer to those Propositions Their Answer 10. Feb. IT is very contrary to our expectation to find your Lordships unsatisfied CXLV after those Arguments and Reasons alleadged by us that His Maiestie had not power to make the Cessation with the Rebels in Ireland and that upon the perusall of the Statute it appeares not to you that His Maiestie had no power to make that Cessation it is strange to us your Lordships should forget all the other Arguments used by us from the Common-Law from other proceedings in Parliament and circumstances as this case stands on which we still insist and do affirme that His Maiestie had no power to make or consent to that Cessation we do not see any iust grounds in the Copies of the Letters given us by your Lordships for His Maiesties assenting to the Cessation nor do we know by whom those Letters were written we are therefore still clearely of Opinion notwithstanding all your Lordships have alleadged that it was unfit for His Maiestie to agree unto that Cessation being destructive to His good Subiects and to the Protestant Religion there and only for the advantage of the Popish Rebels to the high dishonour of God the Disservice of His Maiestie and evident preiudice of His three Kingdoms We therefore again desire your Lordships full answer to what we have delivered to you concerning Ireland The King's Commissioners Paper 10. February WE have given your Lordships our reasons why we are CXLVI not satisfied with your Arguments that His Majesty had not power to make the Cessation and as upon the perusall of the Statute we can find no ground for that Opinion so your Lordships in your whole debate have not insisted or mentioned one Clause in that Statute though often desired which makes See the lâ—te Statute concerning the Adventurers for Irâ—sh Lands it good neither have your Lordships given us any Argument from the Common-Law other then by telling us That it is against the Common-Law because the private Interest of the Subscribers for Money was concerned in it to which we give this Answer That their Interest was Conditionall upon payment of their Moneys for the maintenance of the Warre which was not performed And that if they had paid their Moneys yet this Cessation was rather for the advance of that Interest there being as it appeares by the * See the Letters and advices in the Appendix no. 9. Papers no other visible meanes of preservation of the Army in Ireland and that the Statute which gave that private Interest doth not take away the Kings Power of making a Cessation and we conceive that Argument of Interest was waved But it your Lordships shall insist upon it we againe desire as we did formerly That a Case may be made of it and that the debate may be againe resumed Neither doe we know that any Argument was used by your Lordships from the proceedings in Parliament And if you shall give any we shall be ready to Answer it And we conceive that the advice given to His Majesty from the Lords Iustices and Councell of Ireland and the Testimony of the Officers of the Army expressing the miserable condition of that Kingdome and inability to beare the Warre should appeare to your Lordships to be just grounds for His Majesties assenting to the Cessation One of the Letters delivered by us to your Lordships bearing date the fourth of April 1643. was sent by the Lords Iustices and Councell of Ireland to Mr Secretary Nicholas in which was inclosed their Letter to the Speaker of the House of Commons of which your Lordships have likewise an Extract and a Remonstrance of the Officers of the Army to the Lords Iustices and Councell there and the other Letter of the fifth of May 1643. to His Majesty was from the Lords Iustices and Councell of that
That their Commissioners should have Instructions to Treat upon them Instructions concerning His Majesties Propositions for setling a safe and well grounded Peace And if you have any touching the same we desire to have a sight of them Their Answer I. Feb. WE have not yet received Instructions concerning His CLXXXI Maiesties Propositions and shall therefore acquaint the Lords and Commons Assembled in the Parliament of England with the desires expressed in that Paper who having taken those Instructions into their consideration before our comming from them will send them to us in time convenient After upon the third of February His Majesties Commissioners delivered this Paper concerning His Majesties sixt Proposition for a Cessation of Armes 3. February WE desire to know whether your Lordships have received CLXXXII any Instructions concerning that Proposition of His Majesties for a Cessation and if your Lordships have not received any that you will endeavour to procure Authority to Treat thereupon which we have power to doe and conceive it very necessary that during the time we are endeavourinâ— to establish a blessed and happy Peace the issues of blood may be stopped in this miserable Kingdom and His Maiesties oppressed and Languishing Subjects have some earnest and prospect of the Peace we are endeavouring by Gods blessing to procure for them To this no particular Answer was given The King's Commissioners Paper 10. February HAving now spent three daies severally upon each of CLXXXIII your Lordships three Propositions concerning Religion the Militia and Ireland we desire to know whether your Lordships have received any instructions concerning His Majesties Propositions that we may prepare our selves to Treat upon them when your Lordships shall think fit Their Answer 11. Feb. VVE have received Instructions concerning His Maiesties CLXXXIV Propositions And when the Houses of Parliament shall be satisfied in the good Progresse of the Treaty upon their Propositions concerning Religion the Militia and Ireland they will give time for the Treaty upon those Propositions sent by His Maiesty But there was not any time given to Treat upon His Majesties Propositions Touching further time for continuing or reviveing the Treaty and His Majesties Returne to Westminster after Disbanding those Papers were delivered The King's Commissioners Paper 14. Febr. VVE have this day received directions from His Majesty CLXXXV to move your Lordships that you will endeavour to procure an addition of time for this Treaty after the expiration of the daies limited for the same upon the reasons mentioned in His Majesties Letter which Letter we herewith deliver to your Lordships The Letter mentioned in the last Paper from His Majesty to His Commissioners is this RIght Trusty c. Having received from you a CLXXXVI particular accompt of your proceedings in the Treaty and observing thereby how impossible it is within the daies limited to give such full Answers to the three Propositions you are now upon as you might if upon Consideration had of the rest of the Propositions you could clearely see what fruit such Answers will produce in order to a blessed Peace for the present and the future good and happinesse of this Kingdom We have thought it fit to advise you That you propose and desire of the Commissioners with whom you Treat that they will procure such farther time to be allowed after the expiration of the Twenty daies as may be sufficient for you upon a full understanding one of another upon the whole to make such a Conclusion that all Our Subjects may reap the Benefit good men pray for Deliverance from these bloody distractions and be united in Peace and Charity And if you think fit you may communicate this Our Letter to them And so we bid you heartily farewell Given at Our Court at Oxford 13. Feb. 1644. By His MAJESTIES Command GEORGE DIGBY To Our Right Trusty c. the Lords and others Our Commissioners for the Treaty at Vxbridge Their Answer 14. Feb. COncerning the paper delivered by your Lordships for addition CLXXXVII of time for the Treaty We can give no other answer then that we will send Copies of His Maiesties Letter and of the paper unto the Houses of Parliament and after signification of their pleasure we will give further answer Afterwards on the 18th of Feb. they delivered this paper 18. February YOur Lordships may please to take notice that in the 20 dayes CLXXXVIII appointed to Treat upon the Propositions concerning Religion Militia and Ireland the first Thursday and three Sundayes are not to be included The King's Commissioners paper 20. February BY our paper delivered to your Lordships the 14th of this CLXXXIX moneth we moved your Lordships to endeavour an addition of time for this Treaty after the expiration of the dayes limited for the same upon the reasons mentioned in His Majesties Letter which letter we then delivered to your Lordships whereunto your Lordships then returned answer that you would send Copies of His Majesties Letter and of our paper to the Houses of Parliament and after signification of their pleasure you would give farther Answer we now desire to know whether there may be an addition of time for this Treaty after the expiration of the dayes limited for the same upon the reasons mentioned in His Maiesties said letter and what time may be added Their Answer 20. Feb. YOur Lordships paper of the 14th of this moneth for an addition CXC of time for this Treaty together with His Maiesties Letter concerning the same were sent by us to the Houses of Parliament who * See their Paper before 11. February no. 185. as we have already acquainted your Lordships have declared That if they shall be satisfied in the good progresse of the Treaty upon the Propositions concerning Religion the Militia and Ireland will give time for the Treaty upon the Propositions by His Majesty but farther then this have not as yet signified their pleasures unto us The King's Commissioners Paper 20. February HAving now spent 18 dayes with your Lordships in the CXCI. Treaty upon Religion the Militia and Ireland besides the present satisfaction we have given your Lordships in those particulars we having offered that further consideration and order be taken therein by His Majestie and the two Houses of Parliament and your Lordships having proposed many important things in the said severall particulars to be framed setled disposed by the two Houses before a full Agreement can be established we propose to your Lordships whether the two dayes remaining may not be best spent towards the satisfying your Lordships in those 3 Propositions and the procuring a speedy blessed Peace upon finding out some expedient for His Majesties repaire to Westminster that so all differences may be composed and this poor Kingdom be restored to it's Ancient happines and security and to that purpose if your Lordships shall think fit we are willing to Treat with your Lordships concerning the best meanes whereby all
Armies being first disbanded His Maiestie may with honour freedom and safety be present with his two Houses of Parliament at Westminster To which two particulars that is first concerning the Disbanding all Armies and then for His Majesties speedy repayre and residing at VVestminster with Honour Freedom and safety We shall if your Lordships think fit apply our selves and accordingly to morrow will be ready to deliver to your Lordships some Propositions upon that subject And if your Lordships shall concurre with us herein we hope it will be a good inducement to procure an addition of time to this Treaty according to His Majesties Proposition in his late Letter to Vs which we delivered to your Lordships Their Paper 20 Feb. VVE shall according to mutuall agreement between His Majesty CX CII and the two Houses of the Parliament of England and the Commissioners for the Parliament of Scotland Treat these two remaining dayes upon the three Propositions for Religion the Militia and Ireland and shall be glad to receive satisfaction in them from your Lordships as the best expedient for procuring a speedy and blessed Peace that the Armies may be disbanded and the happinesse of His Maiesties presence may againe be enjoyed by those who have nothing more in their prayers and endeavours then by His Maiesties coniunction with his Parliament to see all these sad differences composed and these distracted Kingdomes restered to their Ancient happinesse and security Accordingly we shall be ready to begin againe to morrow upon the Propositions for Religion and receive what your Lordships will propose and being satisfied upon that and the other two Propositions we are confident we shall have further time given us to Treat upon such other particulars as shall be necessary for the attaining of those ends we all desire There was no other Answer given concerning His Majesties Commissioners desire to Treat touching His returne to Westminster and Disbanding Armies whereupon His Majesties Commissioners delivered this Paper 20. February VVE conceive that the reasons why your Lordships doe CXCIII not give us any Answer to our Paper concerning the Treating for the disbanding all Armies and for His Majesties comming to Westminster may be because you have no authority by your Instructions so to doe though we proposed the same to your Lordships and doe still conceive it most conducing to the conclusion of the Propositions upon Religion the Militia and Ireland upon which we have Treated And we therefore desire your Lordships that you will endeavour to have your Instructions so enlarged that we may Treat upon so important and necessary an expedient for the publique Peace In the mean time we shall be ready to receive whatsoever your Lordships please to propose in the businesse of Religion presuming that if your Lordships are not satisfied with our Answer therein in which we have applyed remedies to whatsoever hath ever been complained of as a grievance in the present Government of the Church that your Lordships will make it appeare * See their Paper no. 68. referring to this that the Government by Bishops is unlawfull or that the Government you intend to introduce in the roome thereof is the only Government that is agreeable to the word of God either of which being made evident to us we shall immediately give your Lordships full satisfaction in that you propose The King's Commissioners Paper 22. February BY our paper delivered to your Lordships 1. February we CXCIV did desire to know whether your Lordships have any Instructions concerning His Majesties Propositions for setling a safe and well grounded Peace And by our paper of the third of Feb. we did desire to know whether your Lordships had received any Instructions concerning that Proposition of His Majesty for a Cessation and if your Lordships had not received any that you would endeavour to procure authority to Treat thereupon And by our Paper of the 10th of Feb. we did desire to know whether your Lordships had received any Instructions concerning His Majesties Propositions that we might prepare our selves to Treat upon them when your Lordships should think fit And by our paper delivered to your Lordships 14th Feb. we moved your Lordships upon directionâ— received from His Majesty that you would endeavour to procure an addition of time for this Treaty after the expiration of the dayes limited for the same upon the reasons mentioned in His Majesties Letter which Letter we then delivered to your Lordships And by our Paper delivered to your Lordships the 20th of this month we moved your Lordships to endeavour an addition of time for this Treaty after the expiration of the dayes limited for the same upon the reasons mentioned in His Maiesties said Letter to which we have not yet received full Answer Nor have we yet had any notice from your Lordships whether the two Houses of Parliament have given any further time for this Treaty And having hitherto according to the order prescribed us Treated onely upon the three first heads of Religion the Militia and Ireland and the twenty dayes expiring this day we againe desire to know whether there is any addition of time granted for this Treaty our safe Conduct being but for two dayes longer Their Answer 22. Feb. YOur Lordships Papers of the first third and tenth of Feb. CXCV. whether we had any Instructions concerning His Majesties Propositions and power to Treat for a Cessation as also your Papers of the 14 and 20th of Feb. concerning His Majesties Letter for an addition of time to this Trenty with your Lordships desire thereupon have been by â—â— sent up to both Houses of Parliament from time to time as we received them together with our Answer given to them and in our Answers we have from time to time declared to your Lordships that when the Houses shall be satisfied in the good progresse of the Treaty upon their Propositions concerning Religion Militia and Ireland they will give an addition of time for the Treaty And we doe conceive that if your Lordships Answers to our Demands concerning Religion the Militia and Ireland had been such as to have given satisfaction in the good progresse of this Treaty mutually consented for twenty dayes upon the said Propositions we should have before this been enabled with power to continue the Treaty aswell upon his Majestie 's as the rest of the Propositions But your Lordships having not given full and satisfactory Answers concerning Religion the Militia and Ireland you cannot for the reasons above mentioned expect an addition of time neither have we received any Instructions to continue this Treaty longer then the twenty dayes of which this is the last And as for your Lordships safe Conduct we conceive the three Sundayes last past being not accompted any dayes of the Treaty so this next Sunday is not to be esteemed one of the two dayes allowed after the Treaty in your Lordships safe Conduct but your Lordships are to have two dayes besides this next
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
unable to break the agreement which should be now made by him and on his part so it is most necessary that all apprehension and danger of such breach being over that soveraign power of the Militia should revert into the proper channell and be as it hath alwaies been in His Majesties proper and peculiar charge And therefore we have proposed that the time limited for that trust should be for three years which by the blessing of God will product a perfect understanding between His Majesty and all His people and if there should be any thing else necessary to be done in this argument either for power or time that the same be considered after the settlement of Peace in Parliament but whatever is now or hereafter shall be thought necessary to be done we desire may by so setled that this Kingdom may depend upon it selfe and not be subject to the Lawes or advice of Scotland as we think sit that Scotland should not receive rules or advice from this having offered the like for Scotland as for England In the businesse of Ireland your Lordships propose not only that His Maiesty diselaime and make voyd the Cessation made by His Royall Authority and at the desires of the Lords Iustices and Councell of that Kingdom and for the preservation of the remainder of His poore Protestant Subiects there who were in evident danger of destruction both by Famine and the Sword but also to put the whole managery of that Warre and disposall of the Forces within that Kingdom and consequently the Government of that Kingdom into the hands of the Scots Generall to be managed by the advice of a joynt Committee of both Kingdoms wherein each should have a Negative Voyce In Answer to which we have acquainted your Lordships with the just grounds of His Majesties proceedings in the businesse of Ireland which we are confident being weighed without preiudice may satisfy all men of His Maiesties Piety and Iustice therein And we are very ready and desirous to joyne with your Lordships in any course which may probably preserve and restore that miserable Kingdom Having put your Lordships in mind of these particulars as they have a generall reference to the publique good of the Kingdomes we beseech your Lordships to consider that we have this great Trust reposed in us by His Maiesty and to remember how farre these Propositions trench upon His peculiar Kingly Rights without any or any considerable recompence or compensation In the businesse of Religion your Lordships propose the taking away the His whole Ecclesiasticall Iurisdiction His Donations and Temporalties of Bishopricks His first Fruits and Tenths of Bishops Deanes and Chapters instead whereof your Lordships do not offer to constitute the least dependance of the Clergy upon His Maiesty and for that so considerable a part of His Revenue you propose only the Bishops Lands to be setled on His Maiesty reserving a power to dispose even those Lands as you shall think fit whereas all the Lands both of Bishops Deanes and Chapters if those Corporations must be dissolved doe undoubtedly belong to His Majesty in His own Right In the businesse of the Militia as it is proposed His Majesty is so totally divested of the Regall Power of the Sword that He shall be no more able either to assist any of His Allies with ayd though men were willing to engage themselves voluntarily in that service or to defend His own Dominions from Rebellion or invasion and consequently the whole power of Peace and Warre the acknowledged and undoubted Right of the Crowne is taken from Him In the businesse of Ireland the power of nominating His Lievtenant or Deputy and other Officers there of managing directing or in the least manner of medling in that Warre or of making a Peace is proposed to be taken from Him and to adde to all these attempts upon His Kingly Rights it is proposed to bereave Him of the Power of a Father in the Education and Marriage of His own Children and of a Master in the rewarding His own Servants And therefore we referre it to your Lordships whether it be possible for us with a good Conscience and discharge of the Trust reposed in us to Consent to the Propositions made to us by your Lordships Lastly we must observe to your Lordships That after a Warre of neare foure years for which the Defence of the Protestant Religion the Liberty and Property of the Subject and the Priviledges of Parliament were made the cause and grounds in a Treaty of Twenty daies nor indeed in the whole Propositions upon which the Treaty should be there hath been nothing offered to be Treated concerning the breach of any Law or of the Liberty or Property of the Subject or Priviledge of Parliament but only Propositions for the altering a Governmenment Established by Law and for the making new Lawes by which almost all the old are or may be cancelled and there hath been nothing insisted on of our part which was not Law or denied by us that you have demanded as due by Law All these things being considered and being much afflicted that our great hope and expectation of a Peace is for the present frustrated by your Lordships * See their last Paper Declaration that no more time will be allowed for this Treaty we are earnest Suitors to your Lordships that you will interpose with the two Houses to whom we beleeve you have transmitted the Answers delivered by us to your Lordships upon Religion the Militia and Ireland That this Treaty though for the present discontinued may be revived and the whole matter of their Propositions and those sent to them by His Majesty which have not yet been Treated on may be considered and that depending that Treaty to the end we may not Treat in Bloud there may be a Cessation of Armes and that the poor People of this Kingdome now exposed to Plundrings and Spoyles and other direfull effects of Warre may have some earnest of a blessed Peace And because this Treaty is now expiring if your Lordships cannot give a present Resolution we desire when you have represented this to the two Houses His Majesty may speedily receive their Answer Their Answer 22. Febr. WE conceive your Lordships cannot in reason expect an answer CXCVII to the long paper delivered to us very late this night at the close of the Treaty a thing of many dayes labour which we apprehend to be rather a declaration upon the Treaty then any part thereof and we could not imagine would be offered but we cannot forbeare upon the reading thereof to mention thus much That it seemes by many particulars in that Declaration it was resolved the Treaty should end with the 20 dayes the meanes to continue it being well known to be a good progresse in the Propositions for Religion the Militia and Ireland and by what we havâ— received we cannot find any satisfaction in these was intended to be agreed unto To that whereby
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
taken for Apocryphall doctrine not to take up Armes against their Frince upon any pretence whatsoever And as we have endeavoured by Our Personall example otherwise so we shall still continue by all good meanes to propagate the Protestant Religion but we are farre from that Mahumetane doctrine that we ought to propagate Our Religion by the Sword And though We shall be most willing to hearken to the advice of Our People Assembled in a free Parliament yet we should be wanting to the Trust that God hath reposed in Vs and Our use of that reason with which he hath endowed Vs if We should wholly give up that Kingdome to be managed solely by their Counsells secluding Our Selves from all Interest therein especially when We consider that which experience hath taught Vs if they have the sole power of that Warre by which all the Souldiers and Commanders being to be nominated and paid removed and advanced by them the necessary application passing by Vâ— must be made to such as are powerfull with them how easie a matter it will be for a prevalent Faction if they shall have a mind to demand other things hereafter not fit to be granted againe to bring over an Army raised and payed by them into this Kingdome especially so much composed of Our Scottish Subjects And whereas they desire further The nomination of the Lord Lievtenant and other great Officers and Judges in that Kingdome which they also desire in this of England they cannot but know that it must oâ— necessity take away all dependency upon Vs and application to Vs when the power to reward those who are worthy of publique Trust shall be transferred to others and having neither force left Vs to punish nor power to reward We shall be in effect a titular contemptible Prince We shall leave all Our Ministers to the knowne Lawes of the Land to be tryed and punished according to those Lawes if they shall offend but We cannot consent to put so great a Trust and Power out of Vs and we have just cause to conceive that notwithstanding all their speciouâ— pretences this desire of nomination of those great Officers is but a cloke to cover the Ambition of those who having been the Boutefeux of this Rebellion desire to advance themselves and their owne Faction And to that which is said that Our bad choice of Our Lievtenants of Ireland was the losse of many thousand Lives there and almost of the whole Kingdome from Our Obedience They cannot but witnesse who know that Kingdome that during the Government there by Lievtenants of Our Choyce that Kingdome enjoyed more plenty and Peace then it ever had since it was under the subjection to the Crowne of England Traffique by Sea and Trade by Land encreased Values of Land improved Shipping multiplyed beyond beliefe Never was the Protestant Religion more advanced nor the Protestant protected in greater security against the Papists And We must remember them that that Rebellion was begun when there was no Lievtenant there and when the Power and Government which had been formerly used in that Kingdome was questioned and disgraced when those in the Parliament there by whom that Rebellion was hatched were countenanced in their Complaints and prosecution But they are not content to demand all the power over Ireland and the nomination of all Officers but We must also engage Our Selfe to passe such Acts as shall be presented to Vs for raising of Monyes and other necessaries for that Warre Our former readinesse to passe Acts for Ireland because they were advised by the two Houses when they were apparently prejudiciall to Our Selfe and contrary to Our owne Judgement might sufficiently satisfie them We would make no difficulty to consent to such Acts as should be for the good of that Kingdome but they have been already told it was unreasonable to make a generall engagement before we saw the Acts whether reasonable or no and whether those other necessaries may not in truth comprehend what is not onely unnecessary but very inconvenient But the People they say who have trasted them with their Purse will never begrudge what they make them lay out upon that occasion The two Houseâ— indeed were entrusted that Our Subjects should not be charged without them but they never were solely trusted by Our Subjects with a power to chaâ—ge them the care that no pressure in that or any other kind should be upon Our Subjects is principally in Vs without whose consent notwithstanding the late contrary and unexampled practice no such charge can or ought to be levyed and we ought not to give that consent â—ut where it is visible for the good of Our Kingdomes which upon such an unbounded power of raising Monyes may fall out otherwise especially in so unusuall a casâ— as this where those who must have the sole manage of the Warre shall have the sole command of the Purse without any châ—ck or controll upon them But they say againe We have heretofore been possessed against the Parliament for not giving away the Money of the Subject when We had desired it but never yet did We restraine them from it It is true We had no great cause heretofore to restraine the two Houses from giving the Subjects Money to Vs having found more difficulty to obtaine from them three or foure Subsidies then they have met with in raising so many Millions But Our People cannot think themselves well dealt with by Vs if We shall consent to put an unlimited power of raising what Monyes they please in those Persons who have drayned more wealth from them in foure yeares then We beleeve all the Supplies given to the Crowne in 400 yeares before have amounted unto In the last place We wish every man to consider how the Rebels in Ireland can be reduced by War whilst these unhappy distractions continue here whilst contrary Forces and Armies are raised in most parts of this Kingdom and the bloud of Our People is spils like water upon the ground whil'st the Kingdom in wasted by Souldiers and the people exhausted by maintaining them and as if this Kingdom were not sufficient to destroy it self whilest on Army of Scots is brought into the bowels of this Kingdom and maintained at the charg of it whil'st this Kingdom labours under such a War how is it possible that a considerable supply of men or money can be sent into Ireland To this with much fervour of expression they say It must not depend upon the condition of Our other Kingdoms to reveng Gods quarrell upon such perfidious Enemies to the Gospell of Christ who have embrewed their hands in so much Protestant bloud That the Cessation is for their advantage Armes and Ammunition and all manner of Commodities may be brought to them That it is not fit there be any agreement of Peace or respite from hostility with such creatures as are not fit to live more then with Wolves or Tygers or any ravenous Beasts destroyers of mankind We are