propounded unto your Lordships But we doe desire as before your Lordships Answers unto our Demands in the same order that we have proposed them not conceiving it reasonable there should be any time spent in debates or Answers upon what we shall hereafter offer till we have received satisfaction in our former Propositions which we desire may be speedily done least otherwise the Treaty be retarded and the Expectation of both Kingdomes altogether frustrated Notwithstanding this they delivered in this further Answer 11. February IN answer to your Lordships Paper this day delivered to us LII See no. 59. we desire that His Majesty doe give His Royall Assent to an Act of Parliament for the due observation of the Lords Day and to the Bill for suppressing of Innovations in Churches and Chappell 's in and about the Worship of God c. And for the better advancement of the Preaching of Gods Holy Word in all parts of this Kingdome And to the Bill against enjoying of Pluraliâ—ies of Benefices by Spirituall persons and non-Residency And we shall in due time give into your Lordships our Demands concerning Papists conteined in the sixth seventh eight ninth and tenth Propositions And for His Majesties Assenting to an Act to be framed and agreed upon in both Houses of Parliament 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 Heires and Successors in the true Protestant Religion as is in the 21th Proposition Some part of the 11th and the most part of the 12th of February was spent in Argument by Divines touching Episcopacy and the Presbyteriall Government Afterwards their Commissioners gave in this Paper 12. February THere having now been severall dayes spent in debate upon LIII the Propositions for Religion and all objections alleadged to the contrary either from Conscience Law or Reason being fully Answered and the time allotted for that so important a part of the Treaty almost elapsed we should be wanting to the Trust reposed in us if we should not presse and expect as we now doe a cleare and positive Answer to those Demands concerning Religion which we have offered unto your Lordships from the Parliaments of both Kingdomes as most necessary for the setling of a safe and welâ— groundâ—d Peace in all His Majesties Dominions The King's Commissioners Answer 12. February VVE deny that the objections alleadged by us against the LIV. passing the Bill for abolishing Episcopacy from Conscience Law or Reason have been fully Answered by your Lordships Or that indeed we have received any satiâ—faction from your Lordships in these particulars We have received no Information from your Lordships to satisfy us That Episcopacy is or hath been an impediment to a perfect Reformation to the * These words are in the preamble of the Bill presented by them for abolishing Episcopacy growth of Religion or that it is prejudiciall to the Civill State which we have often desired from your Lordships without effect and which are the Grounds upon which your Lordships propose the abolishing Episcopacy and we shall be very willing and are desirous to receive your Lordships reasons in these particulars And how short soever the time alotted is for the Treaty for which we cannot be answerable being not bound up in point of time by His Majesty as your Lordships say you are by your Instructions And we should be glad that the same might be enlarged proportionably to the importance of the things to be Treated on we should be wanting to the great Trust reposed in us if we should consent to those Demands as they are proposed to us by your Lordships otherwise then as they are agreeable to our Consciences and understandings And such an Answer your Lordships shall receive from us to your Demands concerning Religion upon which we hope a safe and well grounded Peace by the blessing of God may be established Their Paper 13. Feb. WE did assure our selves That after so many dayes debate LV. concerning Religion and our removall of what ever objections have been offered by your Lordships and our making it appeare how great a hinderance Episcopall Government is and hath been to a perfect Reformation to the growth of Religion and prejudiciall to the Civill State That your Lordships would have been ready to have answered our expectation with the Grant of our Demands but if still your Lordships remaine unsatisfied we conceive it cannot with any Justice be imputed unto us and therefore we againe desire your Lordships full and cleare Answer to what we have delivered unto you concerning Religion Vpon this last Paper and after the severall debates between the Commissioners and Arguments by the Divines and considâ—â—ation had of all that had been delivered concerning Religion His Majesties Commissioners gave in these foure Papers following 13. Feb. WE are not yet satisfied that the Bill insisted on by your LVI Lordships which remaines in His Majesties hands for the utter abolishing of Arch-Bishops Bishops Deanes and Chapters c. ought to be enacted believing it not to be agreeable to Conscience and Iustice to alienate the Lands therein mentioned to Lay-uses and not understanding that the alienation thereof is necessary at all to the Reformation of Religion Besides that there is no certaine provision made for any of those who are now legally vested in those possessions whereby they and their Families shall be in evident danger of want of bread and it appearing by your Lordships Propositions which relate See before in the margin to the Paper no. 44. to the Articles of the late Treaty of the date at Edinburgh 29. of Novemb. 1643 and the joynt Declaration of both Kingdoms to which you require our Assent as well as to the Bill that part of the Church-land may be after the passing this Bill assign'd to other uses then is exprest in the said Bill Vpon these considerations and upon your debate which hath passed between us upon this Bill whereby it hath appeared that there would be so great an Alteration in the Civill State by this Bill being enacted in the failer of Iustice at the Common-Law and otherwise in many severall particulars of great importance to the Subjects of this Kingdom which for ought appeares to us is not yet provided for And that by a particular * See that Clause in the Bill in the Appendix no. 3. at this marke †Clause in the Bill His Majestie ancient and undoubted power of the Ecclesiasticall Iurisdiction is wholy taken away Besides it may be very considerable what inconveniences would ensue by the passing this Bill now which looks back and is to begin from November was twelve month whereby all those Acts of Iurisdiction exercised by Bishops since that time are already voyde which would produce great inconveniences and mischiefes touching the probates of Wills and Administrations throughout the Kingdome not to speak
we as yet conceive concerning that matter there having hitherto been no debate touching the same or concerning the Common-Prayer Book now Established by Law and thereby intended to be abolished And therefore we did in that Paper and doe still desire to receive your Lordships * None were made objections against the Book of Common-Prayer and your reasons for introducing the Directory Neither can our Answer to the Propositions for Church-Government annexed to your first Paper be otherwise taken then as our desire to receive information how that Government should be constituted in particular and what Iurisdiction should be established by whom granted and upon whom it should depend which Quere's were not satisfied by any conference your Lordships as we conceive having declared your selves that the particular forme or modell of that Government mentioned in those Propositions onely in generall were not then particularly agreed on And we have since desired and expect to receive it and therefore your Lordships cannot conceive we have denyed that which we have not yet seen nor been informed of Their Answer to the Fourth 13. Febr. TO your Lordships Fourth Paper we Answer The Bill LXVI for suppressing of Innovations in Churches and Chappell 's in and about the Worship of God c. And for the better advancement of the Preaching of Gods holy Word in all parts of this Kingdom and against the enjoying of Pluralities of Benefices by Spirituall persons and Non-residencie were heretofore presented to His Majesty and remaine with him And we herewith deliver to your Lordships the Ordinance for the due observation of the Lords day and we insist on our former demands concerning them And when your Lordships have given us your full Answers to our desires already with you concerning Religion we then shall deliver unto your Lordships our demands concerning Papists the regulating the Vniversities the Education and Marriage of His Majesties Children in the true Protestant Religion contained in our Paper of the 11 of this instant Februarie The King's Commissioners Reply 13. Feb. VVE have not the Bills here which we desired of your LXVII Lordships in our fourth Paper to see and which you now say were heretofore presented to His Majestie But we shall take speedy care to have those Bills if they remaine with His Majestie and in the meane time desire your Lordships to give us Copies of them and we shall give your Lordships a speedy answer as we shall to the Ordinance for the due observarion of the Lords Day which we received from your Lordships this night and had never before seene and we shall be ready to receive your Lordships * None at all were delivered in demands concerning Papists the regulating the Vniversities the Education and Marriage of His Majesties Children and shall returne our answers accordingly This last Paper concluded the six dayes appointed for the Treaty upon Religion according to the Order prescribed for disposing the first 18. dayes of the 20 for the Treaty In the end of which 18. daies after some * See these Papers after no. 170. 192 193. papers mutually delivered concerning the manner bow the two last daies should be disposed this Subject of Religion with the two others were againe resumed and their Papers following were then delivered in concerning Religion Their Paper 21. Feb. VVHere as your Lordships in your * The Paper intended is the King's Commissioners Reply to their first Answer 13. Feb no. 61. last Paper of Feb. 13. LXVIII were pleased to say that as you conceived the continuall succession of Episcopacy from the Apostles times was consented to on all parts and that you cannot remember that the contrary thereof was so much as alleadged much lesse that the unlawfulnes thereof was proved the Question of the unlawfulnes thereof having never yet come into debate We desire your Lordships to remember that when a Divine in Commission with you undertook to prove the Ius Divinum of Episcopacy his Arguments were not only Answered by another Divine in Commission with us but that 4 or 5 severall Arguments were then brought by him out of the Scriptures to prove the unlawfulnes of it and afterwards in an extrajudiciall debate between severall Divines on both sides by consent of the Commissioners those Arguments were further made good by the Divines on our side and the pretended continuall succession of Episcopall Government from the Apostles times was as we conceive at the same time sufficiently disproved So that we cannot but wonder that your Lordships should forget that the unlawfulnes of it was debated And whereas in your Lordships * See the Paper 20. Feb. after No. 196. being delivered upon another occasion last Paper of Feb. 20. you were pleased to say that if it might be made appeare that the Government by Bishops is unlawfull or that the Government which we desire to introduce in the roome thereof is the only Government that is agreeable to the word of God your Lordships would immediately give us full satisfaction in our Proposition We desire your Lordships to remember besides what hath bin proved in debate concerning the unlawfulnes of Episcopall Government and not withstanding the generall experience that the government by Arch-Bishops Bishops c. hath bin a hinderance to Reformation and growth of Religion prejudiciall to the Civill State the manifest evidence of the thing it self that so much of the Government desired by us as hath bin presented to your Lordships is agreeable to the word of God how we have severall times offered our selves to give your Lordships satisfaction by Conference if any objections remained with your Lordships to the contrary which we are still ready to do and desire your Lordships full Answer to that and the rest of our Propositions concerning Religion The King's Commissioners Answer 21. Feb. WE did conceive that the continuall Succession of Episcopacy LXIX from the Apostles times had bin so clearly manifested to your Lordships by our Conference on the 12. of this instant that your Lordships had bin fully satisfied therein the which since you are not we would gladly be informed when and where any Nationall Church since the Apostles times was without that Government and since your Lordships are of opinion that the unlawfulnes of Episcopacy was made good by those Arguments which were given by the Divines on your part which in truth we did not understand to be made to that purpose when they were first urged and being now againe remembred in our Iudgments do not in any degree prove the same we being very ready to consent to the abolishing thereof if the same can be proved and your Lordships assuming that you have proved it and so that you can again prove it we desire your Lordships by Conference or in writing to satisfie us in that point which we hope being in your power as you say to doe and being a sure way to put an end to this debate by our yeelding
security the reasons are the same for them as for the Militia by Land And for what your Lordships alleadge concerning Sheriffes and Justices of Peace and other legall Ministers not to raise the Posse Comitatus or Forces to suppresse Riots without being liable to the interpretation of the Commissioners we say this is no part of the Militia to be exercised by the Commissioners but in executing of Justice and legall Processe nor can be intended to be any disturbance but for the preservation of the Peace Nor can their power of hearing and determining Civill Actions and differences be extended further then preservation of the Articles of the Peace to be made and as is clearly and plainly exprest in the 27th Proposition And whereas we seek the Militia to be setled in the 15th Proposition and the other parts of our Propositions in order to and for procuring of a Peace and which are necessary to a present Vnion your Lordships deferre them untill the Peace shall be established which delay we hope upon second thoughts your Lordships will not judge to be reasonable And when your Lordships doe take into serious consideration the great Calamities and how occasioned to say no more you cannot thinke but that we ought to be most carefull of preventing the like for the future And seeing all we desire for these so important ends is limited to a few yeares we ought to insist upon such a remedy as may be a fitting cure and in so doing we hope we shall be justified before God and Man Wherefore we againe most earnestly desire your Lordships as you tender the deplorable Estates of these bleeding Kingdomes the setling of Religion the Honour of His Majesty and the composing these miserable Distractions that your Lordships will give your full and cleare Answer to our Demands concerning the Militia This last Paper was delivered about two of the clock when the Treaty was at that instant breaking up and at the same time the King's Commissioners had upon the like occasion of two Papers of theirs given in a little before concerning Ireland hereafter mentioned delivered in a Paper No. 179. that they might give answer thereto the next day dated as of that day as had been formerly used which was not granted so that in Answer to this Paper so earnesty requiring an Answer in the Close thereof It was impossible to give in any Paper at the present neither would any be received but at present The Papers touching Ireland After the first six dayes of the Treaty spent upon Religion and the Militia according to the same order formerly proposed the Propositions concerning Ireland were â—ext Treated upon the three dayes followiâ—g beginning the 7th of February and the same was also taken up againe the 18th of February for other three dayes Their Propositionâ— touching Ireland 7. February WE desire that an Act of Parliament be passed to make CXXXVI void the Cessation of Ireland and all Treaties with the Rebells without consent of both Houses of Parliament and to settle the prosecution of the War of Ireland in both Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms and His Maiestie to assist and to doe no act to discountenance or molest them therein The King's Commissioners Paper 7. February WE desire to know whether the Paper we have received CXXXVII from your Lordships containe in it all the demands your Lordships are required by your Instructions to insist upon concerning Ireland which if it doth we are ready to enter upon that debate but if it do not we then desire to receive all the Propositions your Lordships intend to make concerning Ireland together being confident that upon a whole view of the busines we shall give you full satisfaction in that Argument Their Paper 7. Feb. WE are to insist upon other things concerning Ireland which CXXXVIII being part of other Propositions we conceive not so proper to give your Lordships till we have received your answer to our paper formerly delivered and are ready by present conference to satisfie any doubts that remain with your Lordships concerning that paper Notwithstanding they delivered in these further papers and Propositions following Their Paper 7. Feb. VVE desire that an Act be passed in the Parliament of both CXXXIX Kingdoms respectively to confirme the Treaty concerning Ireland of the 6th of August 1642. which Treaty we herewith deliver and that all Persons who have had any hand in plotting designing or assisting the Rebellion of Ireland may expect no pardon and their estates to pay publike debts and damages And that the Commissioners to be nominated as is appointed in the 17 Proposition may order the War of Ireland according to the Ordinance of the 11th of April 1644. which we herewith deliver and to order the Militia and to conserve the Peace of the Kingdom of Ireland And that by Act of Parliament the Deputy or cheife Governour or other Governours of Ireland be nominated by both Houses of the Parliament of England or in the intervalls of Parliament by the said Commissioners to continue during the pleasure of the said Houses or in the intervalls of Parliament during the pleasure of the said Commissioners to be approved or disallowed by both Houses at their next Sitting And that the Iudges of both Benches and of the Exchequer in Ireland be nominated by both Houses of Parliament to continue Quà m diu bene se gesserint and in the intervalls of Parliament by the aforesaid Commissioners to be approved or disallowed by both Houses at their next sitting Together with these last Propositions they delivered the Treaty of the sixt of August 1644 and the Ordinance of the 11th of April therein mentioned together with another of the 9th of March which see in the Appendix n o 7. and 8. The King's Commissioners Paper 9. February VVE desire to know what your Lordships intend or expect CXL by those words in your * No. 136. first paper concerning Ireland and His Maiesty to assist since you propose to have the prosecution of the War of Ireland to be setled in both Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms Their Answer 9. Feb. BY the words in our paper concerning Ireland and His Majesty CXLI to assist we conceive is to be understood the giving of His Royall assent to such Acts of Parliament as shall be presented unto Him by both Houses for raising of monyes from the Subiect and for other things necessary to the prosecution of the War in Ireland and to be further ayding by His Power and countenance in whatsoever shall be requisite for the better carrying on of that War The King's Commissioners Paper 10. Febr. VVE conceive that His Majestie had and hath power to CXLII make a Cessation in Ireland and having upon just grounds and for the good and safety of His Protestant Subjects there and for the preservation of
that whole Kingdom consented to such a Cessation we desire to be informed by your Lordships how that Cessation can be declared 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
and the Scots suffering under as great wants and failer of Supplies as the Protestants in other places and in no better posture of their owne defence Notwithstanding in a true sense of their owne duty and Conscience they have opposed and still doe oppose the same neither were the English there neglected as your Lordships have been misinformed by such who labour to destroy both Nations and as a meanes thereto to divide them Besides the goods seized neare Coventry we have mentioned other particulars asserted to be seized not without His Majesties owne knowledge and direction as we are informed and are most unwilling to beleeve Neither doe we understand it to be an excuse for feizing some goods to say that His Majesty did forbeare to seize others in his Power but when His Maiesty shall rightly ponder the horridnesse of that Rebellion we hope those wicked Instruments who contrived and doe support the same will have no power to alter His Maiesties tender sense of the miseries of His Protestant Subiects in that Kingdome nor at all to lessen His Piety and gracious Care for quenching the flames of that unhappy Rebellion We doe againe affirme unto your Lordships the truth of what we said before concerning the Supplies of Ireland by the two Houses and it seemes strange that what hath been lately sent should not be looked upon as a support of the Warre against the Rebels by which onely the Protestants were inabled to defend themselves and to infest their Enemies Nor can we imagine any other means as a support of that just Warre being most assured that if this had not been done the Rebels must certainly have prevailed and the remnant of His Majesties good Subjects of that Kingdomr have perished Your Lordships are pleased to remember some monyes by us imployed particularly one hundred Thousand Pounds which was raised for Ireland all which have been resatisfied with advantage And we must as often as you are pleased to repeat it refer your Lordships to our former just and clear Answers concerning the same and the like for the Forces under the Command of the Lord Wharton And we beleeve what your Lordships expresse concerning the Forces brought hither to His Majesty out of Ireland after the Cessation it being one end for which the Cessation was made that those Forces might be imployed against the two Houses of Parliament here And those Scottish Forces which came over were not sent for We know of no Persons who have returned into Ireland since the Cessation except such as were Agents for the procuring thereof and divers principall Rebels who presumed to addresse themselves unto His Majesty at Oxford and were there countenanced It is probable that some might endeavour to alienatâ— the hearts of the Officers of the Army there from the two Houses whereby their service against the Rebels might be interrupted To that particular of the Subscriptions of the Officers and of the Committee sent into Ireland and of the diversions of Monyes alleadged and of the Copies of Letters given us by your Lordships without the names of those who subscribed them We have already given your Lordships a full and clear answer but have not received satisfaction concerning the denyall of the Lord Whartons Commission whereby the service of that Kingdome was much prejudiced It is so farre from being made appeare that His Majesties English Protestant Subiects in Ireland could not subsist without a Cessation that the untrary is undeniable and that His Majesties Protestant Subiects there both English and Scottish who have opposed that Cessation have subsisted and doe still subsist And we are sory to find any inclination to continue that Cessation which whensoever made will be esteemed by all good Protestants a countenancing of that bloudy Rebellion We doe insist upon our former Demands concerning Ireland and doubt not but those being granted notwithstanding our present miserable Distractions here we shall by the blessing of God bring those bloudy Rebels to a speedy and just punishment and settle that unhappy Kingdome in their due Obedience to His Majesty and the Crowne of England Their other Paper 22. Feb. IT is not possible for us to give a more cleare Answer then we CLXXVIII have done to shew that there can no such inconvenience follow upon confirming the Ordinance of the 11th of April by Act of Parliament as your Lordships doe imagine It being desired that the Treaty of the sixt of August be in like manner confirmed By which the Commanders of the Scottish Forces in Ireland are to be answerable to His Majesty and the two Houses of Parliament of England for their whole deportment and proceeding there and it being desired by the 13th Proposition that the prosecutions of the War of Ireland should be setled in both Houses of Parliament all which taken together it cannot follow that upon any disagreement between the Committees there the Earle of Leven may carry on the War according to his own discretion as for our expression when there shall be a Lievtenant in Ireland which was used in answer to your Lordships second paper of the 20 of February it was was to satisfie your Lordships that there could be no interfering between the powers of the Lord Lievtenant and of the Earle of Leven and still we say when there shall be a Lord Lievtenant chosen as is expressed in our 20th Proposition for we do not admit the Marquesse of Ormond to be so the Commander in cheife of the Scottish Army is to receive Instructions from him in such manner as we have laid it down in that answer of ours to your Lordships paper above mentioned which will we hope satisfie your Lordships other obiection that this is not to deliver over the whole Kingdom of Ireland into the hands of His Maiesties Subiects of the Kingdom of Scotland seeing such of that Nation as are there imployed are to be subordinate to the Committee of both Kingdoms and in case of disagreement an appeal lies to the two Houses of the Parliament of England in whom the power of prosecuteing the War is to be setled And we must insist to desire that the Lord Leivtenant and the Iudges in that Kingdome may be nominated by the two Houses of Parliament who have by sad experience to the great cost of this Kingdom expence of so much treasure and bloud the losse of many thousand lives there and almost of that whole Kingdom from His Maiesties obedience and an inestimable preiudice to the true Protestant Religion found the ill consequence of a bad choyce of persons for those great places of trust Therefore for His Maiesties honour the good of His service the great advantage it will be to the rest of His Maiesties Dominions the great comfort to all good Christians and even an acceptable service to God himself for the attaining of so much good and the prevention of so much evill they desire to have the nomination of those great Officers that by a prudent and
carefull Election they may by providing for the good of that now miserable Kingdome discharge their duty to God the King and their Country And certainly if it be necessary to reduce that Kingdome and that the Parliament of England be a faithfull Councell to His Majesty and fit to be trusted with the prosecution of that Warre which His Majesty was once pleased to put into their hands and they faithfully discharged their parts in it notwithstanding many practices to obstruct their proceedings as is set forth in severall Declarations of Parliament then we say your Lordships need not think it unreasonable that His Majesty should engage himselfe to passe such Acts as shall be presented to him for raising monyes and other necessaries for that Warre for if the Warre be necessary as never War was more that which is necessary for the maintaining of it must be had and the Parliament that doth undertake and manage it must needs know what will be necessary and the People of England who have trusted them with their Purse will never begrudge what they make them lay out upon that occasion Nor need His Majesty feare the Parliament will presse more upon the Subject then is fit in proportion to the occasion It is true that heretofore Persons about His Maiesty have endeavoured and prevailed too much in possessing him against the Parliament for not giving away the money of the Subiect when His Maiesty had desired it But never yet did His Maiesty restraine them from it and we hope it will not be thought that this is a fit occasion to begin We are very glad to find that your Lordships are so sensible in your expressions of the Bloud and horror of that Rebellion and it is without all question in His Majesties Power to do Justice upon it if your Lordships be willing that the Cessation and ali Treaties with those bloudy and unnaturall Rebels be made voyd and that the prosecution of the Warre be setled in the two Houses of the Parliament of England to be managed by the joynt advice of both Kingdomes and the King to assist and to doe no Act to discountenance or molest them therein This we dare affirme to be more then a probable course for the remedying those mischiefs and preserving the remainder of His Maiesties good Subiects there We cannot believe your Lordships will think it fit there can be any Agreement of Peace any respight from hostility with such Creatures as are not fit to live no more then with Wolves or Tygers or any ravennous Beasts destroyers of mankind And we beseech you doe not think it must depend upon the condition of His Maiesties other Kingdomes to revenge or not revenge Gods quarrell upon such perfidious Enemies to the Gospell of Christ who have imbrued their hands in so much Protestant bloud but consider the Cessation that is made with them is for their advantage and rather a protection than a Cessation of Acts of hostility as if it had been all of their owne contriving Armes Ammunition and all manner of Commodities may be brought unto them and they may furnish themselves during this Cessation and be assisted and protected in so doing that afterwards they may the better destroy the small remainder of His Maiesties Protestant Subjects We beseech your Lordships in the bowells of Christian charity and compassion to so many poor Soules who must perish if the strength of that raging Adversary be not broken and in the Name of him who is the Prince of Peace who hates to be at Peace with such shedders of Bloud give not your consents to the continuation of this Cessation of Warre in Ireland and lesse to the making of any Peace there till Justice have been fully executed upon the Actors of that accursed Rebellion Let not the Judgement of Warre within this Kingdome which God hath layed upon us for our sinnes be encreased by so great a finne as any Peace or friendship with them whatsoever becomes of us if we must perish yet let us goe to our graves with that comfort that we have not made Peace with the Enemies of Christ yea even Enemies of mankind declared and unreconciled Enemies to our Religion and Nation Let not our Warre be a hindrance to that Warre for we are sure that Peace will be a hindrance to our Peace We desire Warre there as much as we doe Peace here for both we are willing to lay out our Estates our Lives and all that is deare unto us in this World and we have made Propositions unto your Lordships for both if you were pleased to agree unto them We can but look up to God Almighty beseech him to oncline your hearts and casting our selves on him wait his good time for the returne of our Prayers in setling a safe and happy Peace here and giving successe to our Endeavours in the prosecution of the Warre of Ireland It had been used by the Commissioners during the Treaty that when Papers were delivered in of such length and so late at night that present particular answers could not be given by agreement between themselves to accept the answers the next day dated as of the day before although they were Treating of another Subject And these two last papers concerning Ireland being of such great length and delivered about twelve of the clock at night when the Treaty in time was expiring so an no answer could be given without such consent and agreement Therefore the King's Commissioners delivered in this Paper 22. February YOur Lordships cannot expect a particular answer from us CLXXIX this night to the two long Papers concerning Ireland delivered to us by your Lordships about twelve of the clock this night but since there are many particulars in those Papers to which if they had been before mentioned we could have given your Lordships full satisfaction And for that we presume your Lordships are very willing to be satisfied in those particulars which so highly reflect upon His Majesty we desire your Lordships to receive the Answers which we shall prepare to those papers in the evening to Morrow dated as of this night and we doubt not to give your Lordships cleare satisfaction therein This desire was not granted nor any Paper delivered in answer to it but soon after the Treaty broke off During the 20. daies Treaty upon Religion Militia and Ireland the particular passages whereof are before expressed some other passages did occurre concerning His Majesties Propositions and particularly for a * It is the sixt of His Majesties Propositions Cessation and touching His Majesties returne to Westminster after disbanding of Armies and further time for continuing or renewing the Treaty which doe here follow And first touching His Majesties Propositions the Kings Commissioners delivered in this Paper the second day of the Treaty I. February WE desire to know whether your Lordships have any CLXXX See His Majesties Propositions n o 8. And the Letter from the Earle of Essex n o 9.
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
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
deluding the Lawes and for the better discovering and speedy conviction of Recusants an Oath be Established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory worshipping of the consecrated Hoast Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appoynted by the said Act to be sufficient conviction in Law of Recusancie 7. An Act of Parliament for education of the Children of Papists by Protestants in the Protestant Religion 8. An Act for the true leavying of the penalties against them which penalties to be leavyed and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no losse 9. That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Lawes against them duely executed and a stricter course taken to prevent the saying or hearing of Masse in the Court or any other part of this Kingdome 10. The like for the Kingdome of Scotland concerning the foure last preceeding Propositions in such manner as the Estates of Parliament there shall thinke fit 11. That the King doe give His Royall Assent To an Act for the due observation af the Lords day And to the Bill for the suppression of Innovations in Churches and Chappell 's in and about the Worship of God And for the better advancement of the Preaching of Gods holy Word in all parts of this Kingdome And in the Bill against the enjoying of Plaralities of Benefices by spirituall Persons and non-Residencie And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Vniversities of the Colledges of Westminster Winchester and Eaton And to an Act in like manner to be agreed upon for the suppression of Interludes and Stage-playes This Act to be perpetuall And to an Act for the taking the Accompts of the Kingdom And to an Act to be made for reliefe of sick and maymed Souldiers and of poor Widdowes and children of Souldiers And to such Act or Acts for raising of Moneyâ— for the payment and satisfying of the publique Debts and Damages of the Kingdome and other publique uses as shall hereafter be agreed on by both Houses of Parliament And to an Act or Acts of Parliament for taking away the Court of Wards and Liveries and all Wardships Liveries Primer seisins and Ouster le maynes and all other charges incident or arising for or by reason of Wardship Livery Primer seisin or Ouster le Maine And for the taking away of all tenures by homage and all Fines Licenses Seisures and Pardons for alienation and all other charges incident thereunto and for turning of all Tenures by Knights service either of His Majesty or others or by Knights service or soccage in Capite of His Majesty into free and common soccagâ— And that His Majesty will please to accept in recompence hereof one hundred thousand pounds per annum And give assurance of his consenting in the Parliament of Scotland to an Act ratifying the Acts of Convention of the Estates of Scotland called by the Councell and Conservatory of Peace and the Commissioners for the common Burthens and assembled the 22 day of Iune 1643. and severall times continued since in such manner and with such additions and other Acts as the Estates convened in this present Parliament shall thinke convenient 12. That an Act be passed in the Parliament of both Kingdomes respectively for confirmation of the Treaties passed betwixt the two Kingdoms viz. the large Treaties the late Treaty for the comming of the Scots Army into England and the setling of the Garrison of Berwick of the 29 of November 1643. And the Treaty concerning Ireland of the 6th of August 1642. with all other Ordinances and proceedings passed betwixt the two Kingdomes in pursuance of the said Treaties 13. That an Act of Parliament be passed to make voyd the Cessation of Ireland and all Treaties with the Rebels without consent of both Houses of Parliament and to settle the prosecution of the Warre of Ireland in both Houses of Parliament to be mannaged by the joynt advice of both Kingdomes And the King to assist and to doe no Act to discountenance or molest them therein 14. That an Act be passed in the Parliament of both Kingdomes respectively for establishing the joynt Declaration of both Kingdomes bearing date the 30th of Ianuary 1643. in England and 1644 in Scotland with the qualifications ensuing 1. That the Persons who shall expect no Pardon be onely these following RUPERT and MAURICE Count Palatines of the Rhene Iames Earle of Derby Iohn Earle of Bristoll William Earle of Newcastle Francie Lord Cottington Iohn Lord Pawlet George Lord Digby Edward Lord Littleton William â—aud Arch-bishop of Canterbury Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Derty Sir Iohn Byron Knight William Widdrington Colonell George Goring Henry â—ermin Esq Sir Ralph Hopton Sir Francis Doddington M Endymion Porter Sir George Ratcliffe Sir Marmacuke Langdale Sir Iohn Hotham Captain Iohn Hotham his sonne Sir Henry Vaughan Sir Francis Wirdebanke Sir Richard Greenvile M r Edward Hyde Sir Iohn Marley Sir Nicholas Cole Sir Thomas Riddell Iunior Colonell Ware Sir Iohn Strangwayes Sir Iohn Culpepper Sir Richard Floyd Iohn Bodvile Esq M. David Ienkins Sir George Strode Sir Alexander Carew Marquisse of Huntley Earle of Montrosse Earle of Niddisdaill Earle of Traquayre Earle of Carnewath Viscount of Aubayne Lord Ogleby Lord Rae Lord Harris Lodwick Lindsey some time Earle of â—rawford Patrick Ruthen sometime Earle of Forth Iames King sometimes Lord Ethyn â—â—uing younger of Drunim Gordon younger of Gight Lesley of Auchintoâ—le Sir Robert Spotswood of Dumipace Colonell Iohn Cockram Mr Iohn Maxwell sometime pretended Bishop of Rosse M. Walter Balcanquall and all such others as being processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. All Papists and Popish Recusants who have been now are or shall be actually in Armes or Voluntarily assisting against the Parliaments or Estates of either Kingdom 3. All persons who have had any hand in the plotting designing or assisting the Rebellion in Ireland 4. That Humphrey Bennet Esquire Sir Edward Ford Sir Iohn Penruddock Sir George Vaughan Sir Iohn Weld Sir Robert Lee Sir Iohn Pate Iohn Ackland Edmund Windham Esquires Sir Iohn Fitzherbert Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esq Sir William Russell of Worcestershire Thomas Lee of Adlington Esq Sir Iohn Girlington Sir Paul Neale Sir William Thorald Sir Edward Huffey Sir Tho. Lyddell Senior Sir Philip Musgrave Sir Iohn Digby of Nottingh Sir Hen Fletcher Sir Richard Minshall Laurence Halsteed Iohn Denham Esquires Sir Edmond Fortescue Peter St Hill Esq Sir Thomas Tildesley Sir Hen Griffith Michaell Wharton Esq Sir Hen. Spiller Sir George Benion Sir Edward
heare and determine all differences that may occasion the same according to the Treaty and to do further accordingly as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of the Parliament in Scotland and in the intervalls of Parliaments from the Commissioners for the preservation of the publique Peace 3. To raise and joyne the Forces of both Kingdomes to resist all Forreigne Invasion and to suppresse any Forces raised within any of the Kingdomes to the disturbance of the publique Peace of the Kingdomes by any authority under the great Seale or other warrant whatsoever without consent of both Houses of Parliament in England and the Estates of the Parliament in Scotland or the said Commissioners of that Kingdome whereof they are Subjects and that in those cases of joynt concernment to both Kingdomes the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdomes 4. To order the Warre of Ireland according to the Ordinance of the 11th of Aprill and to order the Militia and conserve the peace of the Kingdome of Ireland 18. That His Majesty give his assent to what the two Kingdomes shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished 19. That by Act of Parliament all Peeres made since the day that Edward Lord Littleton then Lord Keeper of the Great Seale deserted the Parliament and that the said Great Seale was surreptitiously conveyed away from the Parliament being the 21 day of May 1642. And who shall be hereafter made shall not sit or Vote in the Parliament of England without consent of both Houses of Parliament and that all Honour and Title conferred on any without consent of both Houses of Parliament since the 20th day of May 1642. being the day that both Houses declared That the King seduced by evill Counsell intended to raise Warre against the Parliament be declared nul and voyd The like for the Kingdome of Scotland those being excepted whose Patents were passed the Great Seale before the 4th of Iune 1644. 20. That by Act of Parliament the Deputy or chiefe Governour or other Governours of Ireland be nominated by both Houses of Parliament or in the intervalls of Parliament by the Commissioners to continue during the pleasure of the said Houses or in the intervalls of Parliament during the pleasure of the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting And that the Chancellor or Lord Keeper Lord Treasurer Commissioners of the Great Seale or Treasury Lord Warden of the Cinque-Ports Chancellors of the Exchequer and Dutchee Secretaries of State Judges of both Benches and of the Exchequer of the Kingdomes of England and Ireland be nominated by both Houses of Parliament to continue quà m diu se bene gesserint and in the intervalls of Parliament by the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland adding the Justice Generall and in such manner as the Estates in Parliament there shall thinke fit 21. That by Act of Parliament the Education of Your Majesties Children and the Children of Your Heires and Successors be in the true Protestant Religion and that their Tutors and Governors be of knowne integrity and be chosen by the Parliaments of both Kingdomes or in the intervalls of Parliaments by the aforenamed Commissioners to be approved or disallowed by both Parliaments at their next sitting And that if they be Male they be Married to such onely as are of the true Protestant Religion if they be Female they may not be married but with the advice and consent of both Parliaments or in the intervalls of Parliament by their Commissioners 22. That your Majesty will give your Royall assent to such wayes and meanes as the Parliaments of both Kingdomes shall think fitting for the uniting of the Protestant Princes and for the entire restitution and Reestablishment of Charles Lodwick Prince Elector Palatine His Heires and Successors to His Electorall Dignity Rights and Dominions Provided that this extend not to Prince Rupert or Prince Maurice or the Children of either of them who have been the Instruments of so much bloudshed and mischiefe against both Kingdomes 23. That by Act of Parliament the concluding of Peace or Warre with Forraigne Princes and States be with advice and consent of both Parliaments or in the intervalls of Parliaments by their Commissioners 24. That an Act of Oblivion be passed in the Parliaments of both Kingdomes respectively relative to the Qualifications in the Propositions aforesaid concerning the joynt Declaration of both Kingdomes with the exception of all Murderers Theâ—ves and other Offendors not having relation to the Warre 25. That the Members of both houses of Parliament or others who have during this Parliament been put out of any Place or Office Pension or benefit for adhering to the Parliament may either be restored thereunto or otherwise have Recompence for the same upon the humble desire of both Houses of Parliament The like for the Kingdome of Scotland 26. That the Armies may be Disbanded at such time and in such manner as shall be agreed upon by the Parliaments of both Kingdomes or such as shall be authorised by them to that effect 27. That an Act be passed for the granting and confirming of the Charters Customes Liberties and Franchises of the City of London notwithstanding any Non-user Mis-user or Abuser That the Militia of the City of London may be in the ordering and Government of the Lord Major Aldermen and Commons in Common-Councell assembled or such as they shall from time to time appoint whereof the Lord Major and Sheriffs for the time being to be there And that the Militia of the Parishes without London and the Liberties within the weekly Bills of Mortality may be under Command of the Lord Major Aldermen and Commons in Common-Councell of the said City to be ordered in such manner as shall be agreed on and appoynted by both Houses of Parliament That the Tower of London may be in the Government of the City of London and the Chiefe Officer and Governour thereof from time to time be nominated and removeable by the Common-Councell That the Citizens or forces of London shall not be drawn out of the City into any other parts of the Kingdome without their own consent and that the drawing of their Forces into other parts of the Kingdome in these distracted times may not be drawn into example for the future And for prevention of Inconveniencies which may happen by the long intermission of Common-Councels It is desired that there be an Act that all By-Lawes and Ordinances already made or hereafter to be made by the Lord Major Aldermen and Commons in Common-Councell assembled touching the calling continuing directing and regulating of the same shall be as effectuall in Law to all intents and purposes as if
the same were particularly enacted by the Authority of Parliament And that the Lord Major Aldermen and Commons in Common-Councell may adde to or repeale the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their farther safety welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament Vpon consideration of which Propositions His Majesty sent the Duke of Richmond and the Earle of Southampton with this Message of the 13th of December HIs Majesty hath seriously considered your Propositions II. and findes it very difficult in respect they import so great an alteration in Government both in Church and State to returne a particular and positive answer before a full debâ—te wherein thosâ— Propositions and all the necessary Explanations and reasons for assenting dissenting or qualifying and all inconveniences and mischiefes which may ensue and cannot otherwise be so well foreseen may be discussed and weighed His Majesty therefore proposeth and desireth as the best expedient for Peace That you will appoynt such number of Persons as you shall think fit to Treat with the like number of Persons to be appoynted by His Majesty upon the said Propositions and such other things as shall be proposed by His Majesty for the preservation and defence of the Protestâ—nt Religion with due regard to the ease of tender Consciences as His Majesty hath often offered The Rights of the Crowne The Liberty and Property of the Subject and the Priviledges of Parliament And upon the whole matter to conclude a happy and blessed Peace Vnto which Message this Answer of the 27th of December was returned to His Majesty May it please your Most Excellent Majesty WEE Your Majesties humble and Loyall Subjects of both Kingdomes have considered of Your Maiesties Message III. of the 13. of December 1644. sent by the Duke of Richmond and the Earle of Southampton directed to the Lords and Commons assembled in the Parliament of England at Westminster and to the Commissioners of the Parliament of Scotland now at London And doe in all humblenesse returne this Answer That we doe consent there be a Treaty for a safe and well grounded Peace But find that it will require some time to resolve concerning the Instructions and manner of that Treaty And therefore that Your Majesty might not be held in suspence touching our readinesse to make use of any opportunity for attayning such a blessed and happy Peace in all Your Majesties Dominions We would not stay Your Majesties Messengers till we did resolve upon all thâ—se particulars which we will take into our serious consideration and present our humble desires to Your Majesty with all convenient speed Westminster the 20 â—h of Decemb. 1644. Gray of Wark Speaker of the House of Peeres pro tempore Signed in the name and by warrand of the Commissioners of the Parliament of Scotland LOWDON William Lenthall Speaker of the Commons House Assembled in Parliament And afterwards upon the 18th of January following Sir Peter Killigrew brought this farther Answer to His Majesty May it please Your Most Excellent Majesty WEE Your Majesties humble and Loyall Subjects the IV. Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland do make our further answer to Your Majesties Message of the 13th of December last 1644. Concerning a Treaty for Peace as followeth We do consent that there be a Treaty for a safe and well grounded Peace between your Majesty and your humble and Loyall Subjects assembled in the Parliaments of both Kingdomes And for the present have appoynted Algernon Earle of Northumberland Philip Earle of Pembrook Mountgomery William Earle of Salisbury Bâ—sill Earle of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pierrepoint Sir Henry Vane Junior Oliver St Iohn Bulstrode Whitlock Iohn Crew Edmund Prideaux for the Lords and Commons assembled in the Parliament of England at Westminster And Iohn Earle of Lowdon Lord Chancellor of Scotland Archibald Marquisse of Argyle Iohn Lord Maitland Iohn Lord Balmerino Sir Archibald Iohnston Sir Charles Erskin George Dundas Sir Iohn Smith M r Hugh Kennedy and M r Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion who or any Ten of them there being alwayes some of the Parliaments of both Kingdomes are appointed and authorized to meet at Vâ—bridge on what day Your Majesty shall be pleased to set downe before the last day of this present Ianuary with such Persons as Your Majesty shall appoint under Your Signe Manuall for that purpose And the number of the persons to Treat not to exceed seventeen on either part unlesse the persons named for the Estates of the Parliament of Scotland now not here or any of them shall come and then Your Maiesty may have the like number if you please There to Treat upon the Matters conteined in the Propositions we lately sent unto Your Majesty according to such Instructions as shall be given unto them And the Propositions for Religion the Militia and for Ireland to be first Treated on and agreed and the time for the Treaty upon the said Propositions for Religion the Militia and for Ireland not to exceed Twenty dayes and for the things mentioned in Your Message to be propounded by Your Maiesty when the Persons sent by Your Maiesty shall communicate the same to the Committees appointed by us as aforesaid We have directed them to send the same to us That they may receive our Instructions what to doe therein And to the end that the Persons that are to be sent from Your Majesty and from us with their retinue not exceeding the number of one Hundred and Eight on either part may repaire to Vxbridge stay there and returne at their pleasure without interruption That mutuall safe Conducts be granted to the said Persons according to the severall Lists of their Names Signed by Order of the Lords and Commons Assembled in the Parliament of England as Westminster Signed in the name and by warrant of the Commissioners of the Kingdome of Scotland LOWDON Gray of Wark Speaker of the House of Peeres pro tempore William Lenthall Speaker of the Commons House in the Parliament of England Whereunto His Majesty returned an Answer inclosed in a Letter from Prince Rupert to the Earle of Essex dated the 21 of January which Letter and Answer were as followeth The Letter My Lord I Am commanded by His Majesty to returne this His answer V. Together with this inclosed in a Letter from Prince Rupert to the Earle of Essex His Majestie sent a safe Conduct for their Commissioners and their retinue to the Message lately sent Him from the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland by Sir Peter Killigrew I
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
Lord Culpeper Sir Edward Nicholas Knight one of Our principall Secretaries of State Sir Edward Hide Knight Chancellour and Vnder-Treasurer of Our Exchequor Sir Richard Lane chiefe Baron of Our said Exchequor Sir Thomas Gardiner Sir Orlando Bridgeman M Iohn Ashburnham and M. Ieffrey Palmer together with Doctor Richard Steward upon these Propositions concerning Religion to be Our Commissioners touching the premisses And do hereby give unto them and to any ten or more of them full power and authority to meet and on Our part to Treat with Algernoun Earle of Northumberland Philip Earle of Pembroke and Montgomery William Earle of Salisbury Basill Earle of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pieirepoynt Esquires Sir Henry Vane the yonger Knight Oliver S. Iohn Bulstrode Whitlock Iohn Crew and Edmund Prideaux Esquires for the Lords and Commons assembled in the Parliament of England at Westminster and Iohn Earle of Lowdon Lord Chancellour of Scotland Archibald Marquesse of Argile Iohn Lord Maytland Iohn Lord Balmerino Sir Archibald Iohnston Sir Charles Erskin George Dundaâ— Sir Iohn Smith M. Hugh Kennedy and M. Robert Barclay for the Estates of the Parliament of Scotland together with M. Alexander Henderson upon the Propositions concerning Religion or with any ten or more of them upon and touching the matters contained in the said Propositions Answers and Messages or any other according to the manner and agreement therein specified or otherwise as they or any ten or more of them shall think fit and to take all the premisses into their serious considerations and to compose conclude and end all differences arising thereupon or otherwise as they or any tenne or more of them in their wisdomes shall think fit And upon the whole matter to conclude a safe and well grounded Peace if they can And whatsoever they or any ten or more of them shall do in the premisses We doe by these presents ratifie and confirme the same Given at Our Court at Oxford the Eight and Twentieth day of Ianuary in the Twentieth yeare of Our Raigne 1644. Their Commission to the English Commissioners Die Martis 28. Ianuary 1644. BEE it Ordained by the Lords and Commons assembled in XI Parliament That Algernoun Earle of Northumberland Philip Earle of Pembroke and Montgomery William Earle of Salisbury Bazill 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 To Treat with the Lord Duke of Richmond 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 Hide Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardiner M. Iohn Ashbornham M. Ieffery Palmer or any tenne of them upon the Propositions formerly sent to His Maiesty for a safe and well grounded Peace from His Maiesties humble and Loyall Subiects assemblâ—d in the Parliaments of both Kingdomes together with Dr Steward upon the Propositions concerning Religion only and upon his Maiesties Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Iohn Browne Cler. Parliamentor Their Commission to the Scots Commissioners AT Edinburgh the saxteint day of Iulij The Èeir of God XII M. Vj c fourtye four Èeires The Estaistes of Parliament presentlie conveined be vertew of the last act of the last Tarliament haldin by His Majesty and thrie Estaites in Anno. 1641. Considdering that this Kingdome efter all uther meanes of supplicationnes Remonstrances and sending of Commissionaris to His Majesty have bein used without success Did enter into a solemne league Covenant with the Kingdom ParliameÌ„t of England for Reformationne defence of Religionne the honor happines of the King the peace safety of the thrie Kingdoms of Scotland England Ireland And ane Treattie aggried upon ane Armie and Forces raised and sent out of yis Kingdom for these endis Quhairupone the Conventionne of Estaistes of this Kingdome the nynt of Iannuary last being desirous to use all good and lawfull meanes that Treuth and Peace might be established in all His Majesties Dominions with such a blessed Pacificationne betwixt His Maiesty and His Subiectis as might serve most for His Maiesties trew honor and the safety and happines of His people Granted Commissione to Iohn Erle of Lowdounne heigh Chancellor of Scotland Iohne Lord Mai t and than and Èit in England Sir Archibald Iohnestounne of Wariestounne ane of the Lordis of Sessionne and Maister Robert Barclay now in England to repaire to England with power to thame or any twa of yame to endeavoure the effectuating of ye foirsaides endis conforme to the Commmissione and instructiones than giving to thame as the Commissione of the dait foirsaid proportis Lyke as the saides Iohne Lord of Maitland Sir Archibald Iohnestounne and Maister Robert Barclay have evir since attendit in England in the discharge of the foirsaid Commissione Qunhill lately that Sir Archibald Iohnestounne returned with some Propositiones prepaired by the Committie of both Kingdomes to be presented to the Estaites of Scotland and to both howss of the Parliament of England and by thame to be revised and considderit and than by mutuall advyse of both Kingdomes to be presented for ane safe and weill grounded peace Qwhilkies Propositiones ar revised and considderit and advysed be the Estaites of Parliament now conveined and their sense and resultis drawin up yrupone Whiche Commissione is to endure while the comming of the Commissionars underwrittin And heirewith also considderin That the endis for the whilk the samen was granted ar not Èit effectuate and that the Propositiones with ye Estaites thair resultis yrupone ar to be returned to ye Parliament of England Thairfore the Estaites of Parliament be thir presentis gives full powar and Commissione to the said Iohne Erle of Lowdonne Lord heigh Chancellor of yis Kingdome Archibald Marqueis of Argyle and Iohne Lord Balmerino for the Nobility Sr Archibald Iohnestounne of Wariestonne Sir Charles Erskyne of Cambuuskenneth and Maister George Dundas of Maner for the Barrones Sr Iohne Smyth of Grottâ—ll Proveist of Edenburgh Hew Kennedy Burges of Air and Master Robert Barclay for the Burrowes the thrie Estates of yis Kingdom and to Iohne Lord Maitland supernumerarie in this Commissione or to any thrie or mae of the haill number thair being ane of ilk Estate as Commissionaris from the Estaites of Parliament of this Kinkdome to repaire to the Kinkdome of England sick of them as ar not thair already and with powar to thame or any thrie or mae of the whole number thair being ane of ilk Estaite to endeavour the
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
Sir Orlando Bridgeman Sir Thomas Gardiner Mr Iohn Ashburnham and Mr Ieffery Palmer or any tenne of them upon the Propositions formerly sent to His Majesty for a safe and well grounded Peace from His Majesties humble and Loyall Subjects assembled in the Parliaments of both Kingdoms Together with Doctor Stuard upon the Propositions concerning Religion only And upon His Majesties Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Io. BROWNE Cler. Parliam The same last of Ianuary their Commissioners delivered to His Majesties Commissioners this paper Ianuary 31. HAving considered your Commission and Power from His Majesty given in last night by your Lordships we find that XVIII you are authorized to treat only upon certain Propositions sent to His Majesty from the Lords and Commons of Parliament assembled at Westminster and upon His Majesties Answers Messages and Propositions to them and their returnes to his Majesty Wherein we observe that the Propositions sent to His Maiesty from His Maiesties Loyall Subiects assembled in the Parliaments of both His Kingdoms are mentioned to be sent to His Maiestie from the Lords and Commons of Parliament assembled at Westminster and upon His Maiesties Answers Messages and Propositions to them and their Returnes to His Maiesty that a Treaty is to begin And wherein We also observe you have no Power thereby to Treat upon the Propositions sent to His Maiesty from His humble and Loyall Subiects Assembled in the Parliaments of both Kingdoms and the Answers Messages and Propositions sent from His Maiesty to the Lords and Commons Assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland then at London and their returnes to His Maiestie We desire those defects may be cleared and speedily amended The King's Commissioners Answer 31. January WE conceive Our Power being to Treat upon the Propositions XIX brought by the Earle of Denbigh and others and those Propositions being sent from the Parliaments of both Kingdomes there need no mention of the Parliaments of both Kingdomes in that place but that Our power is ample to Treat with your Lordships upon the whole both by expresse words and by other generall words in the Commission which give power to Treat upon those Propositions or any other which generall words are not observed by your Lordships in your paper And Our power is to Treat with the Lords and others authorized for the Estates of the Parliament of Scotland by name yet since you insist upon it it shall be altered by Tuesday next And in the meane time if your Lordships please We desire * The Papers intended are the Propositions concerned Religion which were not then delivered the papers promised yesterday in the paper delivered by the Earle of Northumberland may be delivered unto Vs that there may be as little losse of time as may be Their Reply 31. Ian. IN answer to your Lordships Paper concerning your Power to XX. Treat we are content to proceed in the Treaty with your Lordships in expectation that the Defects mentioned by us in our Paper shall be supplyed by Tuesday next On Munday the third of February the Kings Commissioners did deliver their Commission renewed as followeth CHARLES R. WHereas certaine Propositions were sent unto us from XXI the Lords and Commons Assembled in the Parliament of England at Westminster and from the Commissioners of the Parliament of Scotland which were brought unto Vs at Oxford in November last by the Earle of Denbigh and others and upon Our Answers c. as followeth verbatim in His Majesties former Commission Touching the manner of the Treaty The KING's Commissioners Paper 31. January WE desire to the end there may be a greater Freedom XXII in debate which We conceive will much conduce to the happy conclusion of this Treaty that nothing may be understood to be concluded on either side but what is delivered in Writing according as your Lordships have begun And we declare That what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudiciall to either Party if the Treaty break off upon any other Proposition or part of any other Proposition Their Answer 31. Ianuary WEE shall deliver our Demands and Answers in Writing XXIII and desire your Lordships to doe the like The King's Commissioners Reply 1. Feb. WEE desire a full Answer of our Paper that nothing XXIV shall be taken as agreed upon but what is put in writing and your Concurrence in declaring that what shall be delivered in writing upon any Proposition or upon any part of a Proposition shall not be binding or prejudiciall to either Party if the Treaty breake off Their further Answer 1. February ACcording to our former Paper we shall deliver our demands XXV and answers in writing and we desire your Lordships to doe the like and nothing shall be taken as agreed upon but what is put in writing And we shall acquaint the Houses of Parliament that you have declared what shall be delivered in Writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudiciall to either Party if the Treaty break off 3. February IN answer to your Lordships Paper formerly delivered we doe XXVI declare that what shall be delivered in Writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudiciall to either Party if the Treaty breake off upon any other Propositions or part of any Proposition Touching the Seditious Sermon The KING's Commissioners Paper 31. Ianuary WEE have certaine Information from divers Persons XXVII It was on Thursday being Market day and the first day of the Meeting present in Vxbridge Church yesterday that there was then a Sermon Preached by one Mr Love in which were many passages very Scandalous to His Majesties Person and derogatâ—ry to His Honour stirring up the people against this Treaty and incensing them against Vs telling them That we come with hearts full of Bloud and that there is as great distance between this Treaty and Peace as between Heaven and Hell or words to that effect with divers other Seditious passages both against His Majesty and this Treaty We know His Majesties hearty desire of a happy and well grounded Peace such as may be for Gods Honour and the good of all His Subjects as well as himselfe And we that are entrusted by His Commission come with cleare Intentions to serve Him in it according to our Consciences and the best of our Iudgements And this being Preached in your Quarters where we are now under safe Conduct We desire your Lordships to consider how much this may reflect upon our Safety how much it may prejudice and blast the blessed hopes of this Treaty and how just offence and distrust it may beget in His Majesty
And therefore We desire Iustice against the Man that he may have exemplary punishment Their Answer 31. January TO the Paper delivered in by your Lordships this day concerning the Information received of severall Scandalous XXVIII passages Preached in a Sermon in Vxbridge Church by one Mr Love We doe returne this Answer That the said Mr Love is none of our Retinue nor came hither by any privity of ours That we conceive it most reasonable and agreeable to the businesse we are â—ow upon that all just occasions of offence on either part be avoyded And as it hath been our desire so it shall be our endeavour to take the best care we can to prevent all prejudices upon the present Treaty which may blast the blessed hopes thereof or may beget any iust offence and distrust in His Majestie and shall be as tender of the safety of your Lordships persons according to the safe Conduct as of our owne We shall represent your Lordships Paper concerning this businesse if your Lordships so desire unto the Lords and Commons assembled in the Parliament of England who will proceed therein according to Justice The King's Commissioners Reply 1. February VVE insist upon our former desire concerning the Sermon XXIX Preached by M. Love and must referre the way of doing Iustice to your Lordships and if your Lordships are not satisfied that such Words as we have charged him with were spoken by him we are ready to produce our proofe thereof to your Lordships Their further Answer 1. February VVE will represent both your Lordships papers concerning XXX M. Love unto the Lords and Commons assembled in the Parliament of England at Westminster who will proceed therein according to Justice In the next place according to the Order before mentioned do follow the passages and Papers concerning RELIGION Their Paper 31. Jan. ACcording to the * The Paper intended is that before of 30. Ian. no. 13. paper delivered by us to your Lordships XXXI yesternight we do now offer these Propositions following which concerne Religion That the Bill be passed for Abolishing and taking away of all Arch-Bishops Bishops c. according to the third Proposition That the Ordinances concerning the Calling and sitting of the The Propositions here intended are those before mentioned on theiâ— part sent by the E. of Denbigh and others to Oxford And the Bill for abolishing Episcopacy is in the Appendix no. 3. Assembly of Divines be confirmed by Act of Parliament That the Directory for Publique Worship already passed both houses of the Parliament of England And the Propositions concerning Church Governement hereunto annexed and passed both Houses be enacted as a part of Reformation of Religion and uniformity according to the fifth Proposition That His Majesty take the Solemne League and Covenant and that the Covenant be enjoyned to be taken according to the second Proposition To this was annexed the following Paper of the 31. January That the Ordinary way of dividing Christians into distinct Congregations and most expedient for edification is by the respective bounds of their dwellings That the Minister and other Church-officers in each particular Congregation shall joyne in the Government of the Church in such manner as shall be established by Parliament That many particular Congregations shall be under one Presbyteriall Government That the Church be Governed by Congregationall Classicall and Synodicall Assemblies in such manner as shall be established by Parliament That Synodicall Assemblies shall consist both of Provinciall and Nationall Assemblies The King's Commissioners Paper 1. February HAving considered your Lordships Paper containing the XXXII Propositions concerning Religion with the paper annexed and finding the same to contain absolute Alterations in the Government both of the Ecclesiasticall and Civile State We desire to know whether your Lordships have Power to Treat and debate upon the said Propositions and upon debate to recede from or consent to any alterations in the said Propositions if we shall make it appeare to be reasonable so to do or whether your Lordships are bound up by your Instructions to insist upon the Propositions without any alteration Their Answer 1. Feb. OVr Paper given in to your Lordships concerning Religion XXXIII doth contain no alterations but such as are usuall in a time of Reformation and by the Wisdome of the Parliaments of both Kingdoms are judged necessary at this time for setling Religion and Peace And as by our Commissions and Papers formerly shâ—wed your Lordships we have made known our Power to Treat upon them so are we ready by debate to shew how reasonable they are And that there will be no reason to expect that we should alter or recede from them But as for your demand of our shewing what farther power we have by our Instructions It is that we have no warrant to doe as we have already signified to your Lordships by a former Paper The KING's Commissioners Paper 1. Feb. YOur Lordships first Proposition in the Paper concerning XXXIV Religion referring to the third Proposition sent to His Majesty we find that referres to the Articles of the late Treaty of the daâ—e at Edinburgh 29. Nov. 1643. and to the joynt Declaration of both Kingdoms We desire your Lordships we may see those Articles and Declarations and your Lordships second Proposition in that paper referring to the Ordinances concerning the calling and sâ—ttiâ—g of the Assembly of Divines We desire to see those Ordinances Their Answer 1. Feb. ACcording to your Lordships desire in the * Meaning the next present Paper third Paper We XXXV now deliver in the Articles of the late Treaty of the date at Edinburgh 29 of November 1643. and the * This joynt Dâ—claration is already printed But the Articles being not Printed are in the Appendix n o 4. joynt Declaration of both Kingdoms And we shall speedily deliver to your Lordships the Ordinances concerning the calling and sitting of the Assembly of Divines The KING's Commissioners Paper 1. Feb. VVEE desire to know whether the Propositions which XXXVI we have received from your Lordships touching Religion be all we are to expect from you upon that Subject Their Answer 1. Feb. THere are other things touching Religion to be propounded XXXVII by us unto your Lordships upon the Propositions formerly sent unto His Maiesty from the Parliaments of both Kingdoms which we shall in due time give in unto your Lordships But we doe first desire your Answer to the Paper touching Religion given in yesterday that some good progresse may be made therein before the three daies assigned to treat upon Religion in the first place doe expire The KING's Commissioners Paper 1. Feb. VVEE desired to know whether the Propositions XXXVIII we formerly received from your Lordships concerning Religion were all that would be offered concerning that Subject because we thought it very necessary since so great alterations are proposed by you to have a full view of the whole
alterations that are desired since in an Argument of the greatest weight and highest importance we cannot possibly give a present Iudgement of any part till we have a prospect of the whole But since your Lordships doe not yet think it time to let us have a sight of the rest but first desire our Answer to the * See before N o 31. paper delivered yesterday which contains many particulars of which we never heard before We shall apply our selves to understand the things proposed by you in such manner as we may returne your Lordships a speedy answere And to that purpose must desire your Lordships information in some particulars which are comprized in your Lordships paper And when your Lordships consider that the * The Directoâ—y which was delivered in is of great length the Covenant delivered with it both now Printed and obvious are therefore forborne to be inserted here or in the Appendix Directory for Worship being so long was delivered to us but yesterday That the Covenant the Articles of the Treaty of Edinburgh the Declaration of both Kingdomes which â—re comprehended within the first Proposition were delivered to us but this day and therefore we could returne no Answer concerning the Bill for abolishing Arch-Bishops and Bishops which is proposed to be passed according to the third Proposition in which the said Articles and Declarations are comprehended and that the Ordinances for the Sitting of the Assembly are not yet delivered unto us We are confident your Lordships will not think us negligent in making as good a progresse in the Treaty upon Religion as is in our Power which we shall indeavour to advance with all diligence and the best of our understanding Afterwards the same first of February the * See them in the Appendix n o 5 6. Ordinances for the Assembly of Divines were delivered in After some debate touching the nature of the Church Government intended by the Paper annexed to the first Paper upon the subject of Religion which are here before set downe The Kings Commissioners delivered in this following Paper 1. Feb. THe information we desire from your Lordships for the XXXIX present is Whether by the words in the first of those Propositions in your Lordships paper annexed the respective bounds of their dwellings you intend the severall bounds of their dwelling houses or the bounds of Parishes or whether you intend an alteration of the bounds of Parishes In the second Proposition what other Church-Officers your Lordships intend shall joyne with the Ministers in the Government of the Church and what jurisdiction they shall exercise in Order to that Government and from whom they shall derive it and in what degree be subordinate to the power from whom they derive it And what you intend by Presbyteriall Government in your third Proposition In the fourth Proposition what your Lordships intend by Congregationall Classicall and Synodicall Assemblies How Synodicall Assemblies â—rovinciall and Nationall shall be constituted as to persons and causes and what shall be the bounds and limits of their Iurisdiction and from whom the severall Iurisdictions above mentioned shall be derived To these particulars we would be glad iâ— your Lordships think it fit to receive satisfaction by debate where Questions may be asked and replyes made before any answer be returned in writing which may aske much time and be lesse satisfactory but we referre the way to your Lordships Their Answer 1. Feb. VVEE cannot but be sensible of the great losse of time occasioned XL. by your Lordships Questions for information in your last Paper and shall have small hopes of good successe in this Treaty having these two daies made so little progresse unlesse your Lordships be pleased to give us full answers to our demands concerning Religion Yet to give all satisfaction with as little expence of time as may be we are ready by present conference to cleer the Questions in your Paper The King's Commissioners Reply in two severall Papers next following 2. Feb. VVEE conceive there was no cause your Lordships XLI should apprehend any losse of time occasioned by our Questions for that your Propositions concerning Religion were not delivered to us till Friday last And the Directory then delivered with them so long that the reading of it spent the residue of that day and diverse other Papers to which the Propositions referred without which we could not consider them were not deliverd us before yesterday and some of them not till after the Paper which imputes a delay to us and your Lordships having propounded only generall heads of a Presbyteriall government without any particular Modell of it which in severall Reformed Churches as we are informed is various both in names and Powers it was necessary to understand the particular expressions in your paper the alteration desired being so great and being proposed to be enacted which will require His Majesties consent whom we ought to satisfy having so great a trust reposed in us And we desire your Lordships to consider how impossible it hath been for us to give your Lordships in lesse then two daies a full answer which in your last Paper you require to what you propose which is in effect to consent to the utter abolishing of that Government Discipline and publique Forme of the Worship of God which hath been practized and established by Law here ever since the Reformation And which we well understand and the Alteration of which in the manner proposed takes away many things in the Civill Government and provides no remedy for the inconveniences which may happen thereby And to consent to the Alienation of the Lands of the Church by which for ought appears besides infinite other considerations so many Persons may be put to begge their bread to oblige His Majesty and all His Subjects to the taking a new Oath or Covenant and to receive and consent to a new Government we do not nor without information cannot understand And which in truth appears to us by your Lordships Propositions not to be yet agreed upon in the particulars And your Lordships having declared to us that you have other things to propose to us concerning Religion which you doe not yet think it fit time to acquaint us withall Notwithstanding all which difficulties we shall proceed with all possible expedition and desire your Lordships will not object delayes to us till we give you just occasion February 2. THat we may make a right use of the Information your XLII Lordships were pleased yesterday to afford us in Debate upon the Questions proposed by us concerning the Propositions in your Lordships paper annexed for the future Governement of the Church and so have some understanding of that Governement intended by your Lordships in place of that you propose to be abolished we desire to receive your Lordships answer in writing whether these short Collections upon the Debate yesterday be the Summe of your Lordships Resolutions or Informations
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
the Militia 6. February TO suppresse any Forces that may be raised to the disturbance LXXXIV of the publique Peace of the Kingdom or that shall invade this Kingdome to preserve the Peace now to be setled and to prevent all disturbances of the publique Peace that may arise by occasion of the late Troubles And that His Majesty and all His People may be secured from the Iealousies and apprehensions they may have of danger We do consent that all the Forces of the Kingdome both by Sea and Land shall be put into the hands of Persons of knowne faithfulnesse to the Religion and Peace of the Kingdome in such manner and for such time as is hereafter mentioned That the number of those persons be Twenty or if that be not accepted by your Lordships such greater or lesser number as shall be agreed upon between us And that His Majesty may name halfe the persons to be so entrusted and the two Houses the other halfe That such Forts and Townes in which Garrisons have been before these Troubles and such other as shall be agreed upon between us to be necessary for a time to be kept as Garrisons shall be entrusted likewise to persons to be chosen by the Commissioners or the major part of them to be subordinate to the said Commissioners and to receive orders from them and no others And all other places which have been Fortifyed since the beginning of these Troubles shall be left as they were before and the Fortifications and Works slighted and demolished And all Forces with all possible expedition to be disbanded that the Kingdome may be eased of that intolerable burthen That an Act of Parliament shall be passed for the raising of such Moneys for the maintenance of the Navy and Sea-Forces as His Majesty and both Houses shall think fit That when any of the said Commissioners shall dye who was nominated by His Majesty His Majesty shall name another And when any shall dye of those named by the two Houses another shall be chosen by them and in the intervalls of Parliament by the major part of the said Commissioners named by the two Houses and neither the one or the other to be removed but by the joynt consent of His Majesty and both Houses except it shall be desired by your Lordships that His Majesty and the two Houses respectively may remove the respective persons named by them as often as they shall see occasion to which if it shall be insisted on we shall consent These Commissioners or the major part of them or such other number of them as shall be agreed upon shall have power by Act of Parliament to suppresse any Forces raised sitting a Parliament without the joynt consent of His Majesty and both Houses of Parliament or in the intervalls of Parliament without consent of the said Commissioners or the major part of them to the disturbance of the publique Peace of the Kingdom and to suppresse any Forces that shall invade the Kingdome And it shall be High Treason in any who shall leavy any Forces without such authority or consent to the disturbance of the publique Peace That they shall have like power to preserve the Peace now to be setled and to prevent all disturbances of the publique Peace that may arise by occasion of the late Troubles And if any Forces shall be brought into the Kingdom without the joynt consent of the King and the two Houses of Parliament it shall be lawfull for any foure of the said Commissioners to leavy Forces for the suppressing resisting and destroying of the said Forces so brought in We are content that this power to such Persons shall continue for the space of three yeares which we doubt not but by the blessing of God will be abundantly sufficient to secure all persons from their doubts and Feares and in which time such a mutuall confidence may be begot betwixt His Majesty and all His People that the peace will be firme and lasting That the Commissioners before their entrance upon the said Trust shall take an Oath for the due execution of the said Commission and that after the expiration of the said terme of three yeares from the time of the issuing the said Commission they shall not presume to continue any execution of the said authority and it shall be high Treason in any of them to execute the said authority after the expiration of the said three yeares And all the Commanders in chiefe of the Garrisons Forts and His Majesties Ships shall likewise take an Oath for the due execution of their Trust That the Commissioners shall have power to prevent the violation of the Articles of Peace or any troubles arising in the Kingdome by breach of the said Articles and to heare and determine all differences that may occasion the same We shall be willing that any just Priviledges and Immunities be granted by His Majesty to the City of London as being the chiefe City of this Kingdome and the place His Majesty desires to Honour with his most usuall and most constant Residence But we conceive it too envious a thing and may prove very prejudiciall to the happinesse of that great City to distinguish it in a matter of so high importance as the businesse of the Militia from the Authority that the whole Kingdome is to submit to If your Lordships shall not consent to the election of persons in that manner as we have proposed halfe by His Majesty and the other halfe by the two Houses we doe then propose to your Lordships that the said persons who shall have the said powers in manner and forme above mentioned may be named by mutuall consent upon debate between us in which consideration may be taken of the fitnesse or unfitnesse of those who shall be named And in case that any of them who shall be thus agreed upon shall dye within the said terme of three yeares the survivors or the major part of them shall nominate and chuse another in his place who shall be deceased This way we should most have desired but in regard the consideration of persons may take up a long time in debate which neither the time allotted for the Treaty nor the present distractions will permit we do propose the former as the most expedite and certain way but leave the election to your Lordships And whatsoever shall be found deficient in the setling this according to the present agreement or shall be thought fit to be added to it upon any inconveniencies or defects that shall be hereafter discovered the same shall be mended or supplyed in such manner as shall be thought reasonable by the joynt consent of His Majesty and the two Houses of Parliament After which the King's Commissioners delivered in this paper 6. Februray WE shall be ready against the time that the Militia is again LXXXV in order to be Treated upon to give your Lordships an answer to your demands concerning the Militia of the Kingdom of
Cessation we have already given your Lordships We hope cleare information For the persons whose advice His Maiestie followed therein your Lordships have not thought fit to make them knowne unto us and we cannot conceive their interest in that Kingdom to be of such consideration as is by your Lordships supposed But we know very well that many persons of all sorts have forsaken that Kingdome rather then they would submit unto this Cessation and great numbers of considerable persons and other Protestants yet remaining there have opposed and still do oppose that Cessation as the visible meanes of their destruction The two Houses sent their Committees into Ireland for the better supplying and encouraging of the Armies there and to take an account of the State of the Warre to be represented hither that what should be found defective might be supplied What Warrants they issued we are ignorant off but are well assured that what they did was in pursuance of their duty and for advancement of the publique service and suppressing of that horrid Rebellion and we cannot but still affirme they were discountenanced and commanded from the Councell there where the prosecution of that Warre was to be managed and that iâ— was Declared from His Majesty that he disapproved of the subscriptions of the Officers of the Army by meanes whereof that course was diverted Concerning the monies raised for Ireland we have in our former Papers given your Lordships a full and iust answer and we are sorry the same cannot receive credit those monyes raised upon charitable collections we do positively affirme were only imployed to those ends for which they were given and we cannot but wonder the contrary should be suggested we are confident the Commission desired by the two Houses for the Lord Wharton and which your Lordships acknowledge was denied was only such as they conceived most necessary for advancement of that service and the deniall thereof proved very prejudiciall thereunto And we must againe informe your Lordships that it was well knowne at the time when the goods were seised by His Maiesties Forces as your Lordships alledge neare Coventry that the same were then carrying for the supply of the Protestants in Ireland and some other provisions made and sent for the same purpose were likewise seised taken away by some of his Maiesties Forces as we have bin credibly informed not without his Maiesties own knowledge direction your Lordships may believe that those who signed the Letters mentioned in your Papers have done nothing but what they may well iustifie and if the same be well done they need not feare to give an Accompt thereof nor your Lordships to suppose that if they come within our Quarters they shall be otherwise dealt withall then shall be agreeable to Justice Vpon the whole matter notwithstanding the allegations pretences and Excuses offered by your Lordships for the Cessation made with the Rebels in Ireland we are clearly satisfied that the same was altogether uniust unlawfull and destructive to His Maiesties good Subiects and of advantage to none but the Popish bloudy Rebels in that Kingdom And therefore we still earnestly insist as we conceive our selves in Conscience and duty obliged upon our former demands concerning Irelanâ— which we conceive most iust and honourable for His Maâ—esty to consent unto We know no other wayes to propound more probable for the reducing of the Rebels there but these being granted we shall chearfully proceed in the managing of that War and doubt not by â—ods blessing we shall speedily settle that Kingdome in their due Obedience to His Maiesty Their other Paper 20. Feb. VVE cannot understand how out of any of the Papers Articles CLXXIV and Ordinances delivered by us unto your Lordships there should be a ground for your opinion that upon any differences between the Committees or Commanders imployed about the Warre of Ireland the Warre should stand still or be dissolved nor doe we find that the Ordinance of the 11th of Aprill can produce any such inconvenience as your Lordships do imagine Nor doth the making of the Earle of Leven Commander in chiefe of the Scottish and Brittish Forces and the setling of the prosecution of the Warre of Ireland in the two Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms take away the relation to His Majesties authority or of the two Houses of Parliament or of the Lord Lieutenant of Ireland For in the first place His Majesties consent is humbly desired and the whole power is derived from him only the execution of it is put into such a way and the Generall is to carry on the Warre according to the Orders he shall receive from the Committee of both Kingdoms and in case of disagreement in the Committee the two Houses of Parliament are to prosecute that Warre as is expressed in our Answer to your Lordships second Paper of the 19. of February And when there shall be a Lieutenant of Ireland and that he shall joyne with the Commander in chiefe of the Scottish Army the said Commander is to receive Instructions from him according to the Orders of the Commissioners of both Kingdoms as we have said in our answere to your Lordships second Paper of this day nor doth the naming of the Earle of Leven to be Generall any more take away the power of the two Houses then if he were a Native of this Kingdome or is there any part of the Kingdom of Ireland delivered over into the hands of His Majesties Subjects of the Kingdom of Scotland who doe only joyne with their Councells and Forces for carrying on the Warre and reducing that Kingdom to His Majesties obedience And we conceive it most conducing for the good of His Majesties service and of that Kingdom that the Lieutenant and Judges there should be nominated by the two Houses of Parliament as is expressed in the 20. Proposition who will recommend none to be imployed by His Maiesty in places of so great trust but such whose known ability and integrity shall make them worthy of them which must needs be best known to a Parliament Nor are they to have any greater power conferred upon them by the granting this Proposition then they have had who did formerly execute those places And we know no reason why your Lordships should make difficulty of His Maiesties consenting to such Acts as shall be presented unto Him for raising moneys and other necessaries from the Subiect which is without any charge to Himselfe for no other end but the setling of the true Protestant Religion in that Kingdom and reducing it to His Maiesties Obedience for which we hold nothing too deare that can be imployed by us And we cannot but wonder that your Lordships should make the prosecution of the Warre of Ireland which is but to execute Justice upon those bloody Rebels who have broken all Lawes of God and Man their Faith their Alleageance all bonds of Charity all rules
of Humanity and Humane society who have Butchered so many thousands of Innocent Christians Men Woâ—men and Children whose blood cries up to Heaven for Vengeance so many of His Maiesties Subiects whose lives He is bound to require at their hands that spilt them and to doe Justice upon them to put away innocent blood from Himselfe His posterity the whole Land these execrable antichristian Rebels who have made a covenant with Hell to destroy the Gospell of Christ and have taken up Armes to destroy the Protestant Religion to set up Popery to rend away one of His Majesties Kingdoms and deliver it up into the hands of strangers for which they have negotiations with Spaine and other States a Warre which must prevent so much mischiefe doe so much good offer up such an acceptable sacrifice to the great and just God of Heaven who groanes under so much wickednesse to lye so long unpunished A Warre which must reduce that Kingdom unto His Majesties obedience the most glorious work that this Kingdom can undertake That the prosecution of such a Warre your Lordships should make to depend upon any other condition that the distractions of these Kingdoms should be laid as an impediment unto it and that there should be any thought any thing which should give those Rebells hope of impunity if our miseries continue whereas according to Christian reason and the ordinary course of Gods providence nothing can be more probable to continue our miseries then the least connivance in this kind what can be said or imagined should be any inducement to it we hope not to make use of their help and assistance to strengthen any party here to bring over such Actors of barbarous cruelties to exercise the same in these Kingdoms we desire your Lordships to consider these things and that nothing may remaine with you which may hinder His Majesty from giving His consent to all good means for the reducing of Ireland according to what is desired by us in our Propositions The King's Commissioners Reply to the two last Papers The King's Commissioners Paper 20. February WE are very sory that our answere formerly given to CLXXV your Lordships in the businesse of the Cessation which was so necessary to be made and being made to be kept hath not given your Lordships satisfaction and that your Lordships have not rather thought fit to make the reasonablenesse of your Propositions concerning Ireland appeare to us or to make such as might be reasonable in the stead then by charging His Majesty with many particulars which highly reflect upon His honour to compell us to mention many things in answer to your Lordships Allegations which otherwise in a time of Treaty when we would rather endeavour to prevent future inconveniences then to insist on past mistakes we desired to have omitted And we can no wayes admit that when the Cessation was made in Ireland His Maiesties Protestant Subjects there could have subsisted without that Cessation nor that the Warre can be maintained and prosecuted to the subduing the Rebels there so long as the Warre continues in this Kingdom which are the chiefe grounds laid for the assertions in your Lordships first Paper delivered this day concerning the businesse of Ireland neither can we conceive that your Lordships have alleadged any thing that could in the least degâ—ee satisfy us that His Majesty had no power to make that Cessation or had no reason so to doe considering as we have formerly said and doe againe insist upon it that by that Cessation which was not made till long after this Kingdom was embroyled in a miserable Warre the poore Protestants there who for want of supplies from hence were ready to famish and be destroyed were preserved and that Kingdome kept from utter ruine so farre was it from being a designe for their destruction or for the advantage of the Popish bloody Rebels as is insinuated for it appears by the Letters of the Lords Justices of Ireland Sir William Parsons and Sir John Borlase and of the Councell there of the 4th of Aprill 1643. before that Cessation made directed to the Speaker of the House of Commons a Copy whereof we delivered to your Lordships though we presume you may have the Originall That his Majesties Army and good Subiects there were in danger to be devoured for want of needfull supplies forth of England and that His Majesties Forces were of necessity sent abroad to trie what might be done for sustaining them in the Country to keep them alive untill supplies should get to them but that designe failing those their hopes were converted into astonishment to behold the miseries of the Officers and Souldiers for want of all things and all those wants made unsupportable in the want of food and diverse Commanders and Officers declaring they had little hope to be supplied by the Parliament pressed with so great importunity to be permitted to depart the Kingdom as that it would be extreame difficult to keep them there And in another part of that Letter for we shall not grieve you with mention of all their complaints they exprested That they were expelling thence all strangers and must instantly send away for England thousands of poore despoyled English whose very eating was then unsupportable to that place that their confusions would not admit the writing of many more Letters if any for they had written diverse others expressing their great necessities And to the end His Majesty and the English Nation might not irrecoverably and unavoydably suffer they did desire that then though it were almost at the pâ—ynt to be too late supplies of victualls and Ammunition in present might be hastned thither to keep life untill the rest might follow there being no victuall in the store nor a hundred Barrells of Powder a small proportion to defend a Kingdom left in the store when the out Garrisons as they were to be instantly were supplied and that remainder according to the usuall necessary expence besides extraordinary accidents would not last above a Month. And in that Letter they sent a Paper Signed by sundry Officers of the Army delivered to them as they were ready to signe that dispatch by them apprehended to threaten imminent danger which mentioned That they were brought to that great exigence that they were ready to rob and spoyle one another that their wants began to make them desperate That if the Lords Iustices and Councell there did not find a speedy way for their preservation they did desire that they might have leave to go away That if that were not granted they must have recourse to the Law of Nature which teacheth all men to preserve themselves And by a letter of the 11th of May following a Copie whereof we have also delivered to your Lordships the Lords Iustices and Councell there did advertise His Majesty that they had no victuall cloathes or other provisions no money to provide them of any thing they want no Armes not above 40 Barrells of
other necessaries for the setling of the true Protestant Religion in that Kingdom only we think it unreasonable that His Majesty should engage Himself as is proposed to passe all such Acts as shall be presented to Him before He know whether such Acts are reasonable or no and whether those other necessaries may not comprehend what in truth is not only unnecessary but very inconvenient neither will the Argament that the moneys are to be raised from His Subiects without any charg to Himselfe seeme reasonable to His Maiesty His Maiesty considering His owne charge much lesse then the damage and pressures which may thereby befall His good Subjects the preserving them from which is His Maiesties most sollicitous earnest desire and we cannot but wonder that your Lordships should conceive any expressions made by us concerning the prosecution of that War of Ireland to be unagreeable to the zeale of persons abundantly sensible of the Bloud horror of that Rebellion we agree with you they have broken the Lawes of God and man their Faith their Alleagiance the bonds of Charity rules of Humanity and humane Society and we heartily wish that it were in His Majesties power to do Iustice upon and make up those breaches of all those rules and bonds and to that purpose we have desired to be satisfied by your Lordships what probable course may be taken for the remedying those mischeifs and preserving the remainder of His Maiesties good Protestant Subiects but without doubt the prosecution of that War so much depends upon the condition and distractions of His Maiesties other Kingdoms that the information your Lordships gives us of the negotiation with Spaine and other States for delivering up that Kingdome from His Maiesties obedience into the hands of Strangers deserves the most strict consideration how His Majesties two other Kingdoms can be applyed to the releife of the third whil'st these distractions are in their owne Bowels and the continuance of the miseries in the two must render those in the third remedilosse if it be not preserved by some other meanes then the prosecution of the Warre neither can it be foreseen or determined what help or Assistance either party may make use of where it findes it selfe oppressed and over-powred by the other especially when it calls in any help and leaves no meanes unattempted to destroy the other And we beseech your Lordships in the Bowells of Christian Charity and compassion and in the name of him who is the Prince of Peace and who will make an inquisition for blood to consider whether all our endeavours ought not to be to stop these bloody issues in all His Majesties Dominions and whether the just God of Heaven who for our sinnes hath made the severall Nations under His Majesties Government to be Scourges of one another and of His Majesty himselfe under whose Obedience they should all live can be delighted with the sacrifice of blood and the blood of Christians and whether it would not be more agrecable to our Christian profession to endeavour the binding up of those wounds which interests passion and animosity have made We desire your Lordships to consider these things and to make such Propositions to us concerning Ireland since it is apparent that those already made by you are by no meanes fit to be consented to as may be for the growth and propogation of the true Protestant Religion the Peace and happinesse of that Kingdom and the wellfare of all His Majesties Dominions The last of the six daies concerning Ireland being now spent being the last of the 18 appointed to treat upon Religion Militia and Ireland by three daies a peece Alternis vicibus according to the order formerly proposed the two remaining daies were imployed for the most part concerning Religion but towards the end of these two daies being the last of the Treaty about 12. of the clock at night they delivered in these two following Papers concerning Ireland in Answer to the two last Papers Their Paper 22. Feb. VVE are very sorry that your Lordships should continue CLXX VII in that opinion That it was necessary to make the Cessation in Ireland when by undeniable proofs and consideration of all circumstances it is most cleare that the necessities alleadged for grounds of that Cessation were made by designe of the Popish and Prelaticall party in England and Ireland who so wickedly contrived the same that the provisions sent thither by the Parliament for reliefe of His Majesties good Subjects in reland were disposed of and afforded to the Rebells there in their greatest wants and then when your Lordships affirme the Protestants to be in so great extremity and even at that time also when the Officers of our Army and Garrisons pressing for leave to March into the Enemies Country to live upon them and save their own stores some who were driven forth had great quantities of provisions out with them yet were not permitted to March into the Enemies Country but kept neare Dublin untill their Provisions were spent and then commanded back againe others could not obtaine leave to goe forth but were commanded to stay at home that their own provisions might be the sooner consumed and thereby the necessity made greater Notwithstanding by the care of hoth Houses of Parliament here for their supply they were able to subsist and did subsist at the time of that Cessation although the making thereof reduced them to farre greater necessities then otherwise they could have suffered besides the notorious advantage thereby to the Rebels when their wants and extremities were most pressing And we should not againe have troubled your Lordships with these answers had they not been caused by your own repetition of the Letters of part whereof you have given us Copies though not the knowledge of the Persons from whom they came only you were pleased to mention the Lords Iustices and Councell there yet we are assured even by some who were of the Councell at that time when the Letters were written that the same was done only to presse for supplies from hence without the least intention in them of inducing a Cessation neither doe the Copies containe any thing tending to a Cessation or the least mention thereof And we have cause to grieve not onely at what your Lordships expresse concerning the complaints from Ireland and their great extremities but that the same being procured and increased by the Popish Party yet we should find such earnest endeavours to lay the blame and neglect therein upon the two Houses of Parliament here who have been so zealous for their reliefe and whose onely care under the blessing of God hath been their preservation and that in the heat of our owne miserable Distractions have continued their Supplies and from our owne great wants have not spared to afford our Brethren there the meanes of their subsistance The Protestants in Munster Connaught and Vister who opposed this Cessation were many of them English and both they
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
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
Enacted by the King 's most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the authority of the same that from and after the fifth day of November in the yeare of our Lord one Thousanâ— six Hundred fortie and three there shall be no Arch-Bishop Bishop Chancellour or Commissarie of any Arch-Bishop or Bishop nor any Deane Sub-Deane Deane and Chapter or Arch-Deacon nor any Chancellour Chaunter Treasurer Sub-Treaâ—urer Succentor or Sacrist of any Cathedrall or Collegiate Church nor any Prebendary Canon Canon-Residenciary Petty-Canon Vicar Chorall Choristers Old-Vicars or new-Vicars of or within any Cathedrall or Collegiate Church or any other their Officers within this Church of England or Dominion of Wales And that from and after the said fifth day of Novemb. the Name Title Dignity Iurisdiction Office and Function of Arch-Bishops Bishops their Chancellours and Commissaries Deanes Sub-Deanes Deanes and Chapters Arch-Deacons Canons and Prebendaries and all Chaunters Chauncellours Treasurers Sub-Treasurers Succentors and Sacrists and all Vicars Corall and Choristers old-Vicars and new-Vicars and every of them and likewise the having using or exercising of any Power Iurisdiction Office or Authority by reason or colour of any such Name Title Dignity office or Function within this Realme of England or Dominion of Wales shall thenceforth cease determine and become absolutely voyd and shall be abolished out of this Realme and the Dominion of Wales any Vsage Law or Statute to the conâ—rary in any wise notwithstanding And that from and after the said fifth day of November no Person or Persons whatsoever by virtue of any Letters Patents Commission or other authority derived from the Kings Majestie His Heires or Successors shall use or exercise any Iurisdiction Ecclesiasticall within this Realme or Dominion of Wales but such and in such manner as shall be appointed and established by Act of Parliament And that all Counties Palatine Mannors Lordships Castles Granges Messuages Mills Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parks Annuitiâ—s Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entrie Interests Titles of Entrie Conditions Commons Courts-Leete and Courts-Baron and all other Possessions and Herediments whatsoever of what nature or quality soever they be or wheresoever they lie or be other then Impropriations Parsonages Appropriats Tithes Oblations Obventions Pention Portions of Tithes Parsonages Vicarages Churches Chappâ—ls Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were of or belonging unto any Arch-Bishop Bishop Arch-bishâ—prick or Bishopâ—iâ—k or any of them or which they or any of them held or injoyâ—d in right of their said Arch-bishâ—prick or Bishoprick respectively shall by the authority of Parliament be vested adjudged and deemed to be and shall be in the very real and actuall possession and seisin of the Kings Majesty His Heires and Successors And shall have hold possesse and enioy the same to Him His Heires and Successors without any Entrie or other Act whatsoever and that the Kings Maiestic His Heires and Successors His and their Lessees Farmers and Tenants shall hold anâ—â—nâ—oy the same discharged and acquitted of payment of Tithes as fâ—eely and in as large ample and beneficiall meanes to all intents and purposes as any Arch-Bishop or Bâ—shop at any time or times within the space of two yeares last past held or injoyed or of right ought to have held or inioyed the same Provided neverthelesse and be it enacted by the authority aforesaid that all Leases Grants Guifts Letters Patents Conveyances Assurances or Estates whatsoever hereafter to be made by the Kings Maiestie His Heires or Successors of any the Mannors Lands Tenements Hereditaments which in or by this Act shall come or be limited or disposed of unto His Maiestie His Heires or Successors other then for the Terme of one and twenty yeares or three Lives or some other Terme of yeares determinable upon one two or three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearely Rent or more shall be reserved and payable yearely during the said Terme And whereof any former Lease is in being not to be expired surrendred or ended within three yeares after the making of any such new Lease shall be utterly voyd and of none effect to all intents constructions and purposes any clause or words of non obstante to be put in any such Patent Graunt Conveyance or Assurance and any Law Vsage Custome or any thing in this Act to the contrary in any wise notwithstanding And be it further Enacted and Ordained that all Impropriations Parsonages Appropriate Tithes Oblations Obventions Portions of Tithes Parsonages Vicaridges Churches Chappels Advowsons Nominations Collations rights of Patronage and Presentation which now are or lately were belonging unto any Arch-Bishop or Bishop Arch-bishoprick or Bishoprick And all Mannors Castles Lordships Granges Messuages Mills Lands Tenements Meadowes Pastures Woods Rents Reversions Services Parsonages Appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicaridges Churches Chappels Advowsons Nominations rights of Patronage and Presentation Parkes Arnuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entrie Interests Titles of Entire Conditions Commons Courts Leete and Courts Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be which now are or lately were of or belonging to any Sub-Deane Deane Deane and Chapter Arch-Deacon Chanter Chancellor Treasurer Sub Treasurer Succentor Sacrist Prebendary Cannon Cannon Residentiaâ—ie Petty-Cannon Vicars Chorall Choristers old Vicâ—rs and â—ew Vicars or any of them or any of the Officers of them or any of them which they held or inioyed in right of their said Dignities Churches Corporations Offices or Places respectively shall by Authority of this present Parliament be Vested Adjudged and deemed to be and shall be in the very reall and actuall Possession and Seisin of Sr William Roberts Knight Thomas Atkins Sr Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esquire Peter Malborne Esquire and they shall have hold possesse and enioy the same to them their Heires and Assignes without any Entrie or other Act whatsoever and that for themselves their Lessees Farmers and Tennants discharged and acquitted of payment of Tithes as freely and in as large ample and beneficiall manner to all Intents and Purposes as any of the Persons or Corporations whose offices or places are taken away by this Act at any time or times within the space of two yeares now last past held or enjoyed or of right ought to have held or enjoyed the same In trust and Confidence neverthelesse and to the intent and purpose that they the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wolâ—aston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peter Malborne Esqu and the Survivors and Survivor of them his and their heires Assignes shall satisfie
the great and imminent danger of the true Protestant Religion in regard of the great Forces of Papists Prelates Malignants their Adherents raised imployed against the constant Professors thereof in England and Ireland thought fit to send their Commissioners unto the Kingdom of Scotland to Treat with the Convention of Estates generall Assembly there concerning such things as might tend to the preservation of Religion the mutuall good of both Nations And to that end to desire a more neere and strict union betwixt the Kingdoms And the Assistance of the Kingdom of Scotland by a considerable strength to be raised and sent by them into the Kingdom of England And whereas upon a consultation held betwixt the Commissioners of the Parliament of England the Committees of the Convention of Estates and Generall Assembly No meanes was thought so expedient to Accomplish and strengthen the Vnion as for both Nationâ— to enter into a Solemne League and Covenant and a forme thereof drawn and presented to the two Houses of Parliament of England the Convention of Estates and Generall Assembly of Scotland which hath accordingly been done and received their respective Approbation And whereas the particulars concerning the Assistance desired by the two Houses of the Parliament of England from their Brethren of Scotland were delivered in by the English Commissioners August the 19. to the Convention of Estates who did thereupon give power to their Committee to consider and debate further with the English Commissioners of what other Propositions might be added or concluded Whereby the assistance desired might be made more effectuall and beneficiall And in pursuance thereof these Propositions following were considered of and debated by the Committee and Commissioners aforesaid To be certified with all convenient speed to the two Houses of the Parliament of England and the Convention of Estates of Scotland by their respective Committees and Commissioners to be respectively taken into their consideration and proceeded with as they should finde cause Which being accordingly done and these ensuing Propositions approved agreed and concluded of by the Houses of the Parliament of England and the Committee of the Estates of Scotland respectively and power by them given to their respective Committees and Commissioners formerly to agree and conclude the same as may appeare by the Votes of both Houses dated the first of November and the Order of the Committee bearing date the 17th of November Wee the said Commissioners and Committees according to their Votes and Orders do formally conclude and agree upon these Articles following And in confirmation thereof doe mutually subscribe the same 1. It is agreed and concluded that the Covenant represented to the Convention of Estates and Generall Assembly of Scotland and sent to both Houses of the Parliament of England in the same forme as it is now returned from the two Houses of the Parliament of England to their Brethren of Scotland and allowed by the Committee of Estates and Commissioners of the Generall Assembly be sworne and subscribed by both Kingdomes as a most neer Tye and Conjunction between them for their mutuall defence against the Papists and Prelaticall Faction and their adherents in both Kingdomes and for pursuance of the ends expressed in the said Covenant 2. That an Army to this purpose shall be Levyed forthwith consisting of Eighteen Thousand Foot effective and two Thousand Horse and one Thousand Dragooners effective with a suteable Traine of Artillery To be ready at some Generall Rendezvous neer the Borders of England to March into England for the purposes aforesaid withall convenient speed The said Foot and Horse to be well and compleatly Armed and provided with Victualls and Pay for Forty daies And the said Trayne of Artillery to be fitted in all points ready to March 3. That the Army be commanded by a Generall appoynted by the Estates of Scotland and subject to such Resolutions and directions as are and shall be agreed and concluded on mutually between the two Kingdoms or by Committees appoynted by them in that behalfe for pursuance of the ends above mentioned 4. That the Charge of Levying Arming and bringing the said Forces together Furnished as also the fitting the Traine of Artillery in readinesse to March be computed and set owne according to the same Rates as if the Kingdom of Scotland were to raise the said Army for themselves and their own Affaires All which for the present is to be done by the Kingdom of Scotland upon Accompt And the Accompt to be delivered to the Commissioners of the Kingdom of England and when the Peace of the two Kingdoms is setled the same to be repaid or satisfied to the Kingdom of Scotland 5. That this Army be likewise paid as if the Kingdom of Scotland were to imploy the same for their own occasions and toward the defreying thereof it not amounting to the full months pay shall be Monthly allowed paid the summe of thirty thousand pounds sterling by the Parliament of England out of the Estates and Revenues of the Papists Prelats Malignants and their Adherents or otherwise And in case the said Thirty thousand pounds Monthly or any part thereof be not paid at the time when it shall become due and payable The Kingdom of England shall give the Publique Faith for the paying of the remainder unpaid with all possible speed Allowing the rate of eight pounds per centum for the time of the performance thereof And in case that notwithstanding the said Monthly summe of Thirty Thousand pounds paid as aforesaid the States and Kingdom of Scotland shall have just cause to demand furthar satisfaction of their Brethren of England when the Peace of both Kingdoms is setled for the pains hazard and charges they have undergone in the same They shall by way of brotherly assistance have due recompence made unto them by the Kingdom of England And that out of such Lands and Estates of the Papists Prelats Malignants and their Adherents as the two Houses of the Parliament of England shall think fit And for the assurance thereof the Publique Faith of the Kingdom of England shall be given them 6. And to th' end the said Army in manner aforesaid may be enabled and prepared to march The Kingdom of England is to pay in ready money to their Bâ—ethren of Scotland or such as shall have power from the Estates of that Kingdom the summe of one hundred thousand Pounds sterling at Leith or Edenburgh with all convenient speed by way of advance before hand which is to be discounted back againe unto the Kingdom of England by the Kingdom of Scotland upon the first Monthly allowance which shall grow due to the Scottish Aâ—my from the time they shall make their first entrance into the Kingâ—â—m of England 7. That the Kingdom of Scotland to manifest their willingnesse to their utmost ability to be helpfull to their Brethren of England in this common Cause will give the Publique Faith of the Kingdom of Scotland to be
joyntly made use of with the Publique Faith of the Kingdom of England for the present taking up of two hundred thousand pounds sterling in the Kingdom of England or else where For the speedy procuring of the said Hundred Thousand pounds sterling as aforesaid As also a considerable summe for the satisfying in good proportion the Arreares of the Scottish Army in Ireland 8. That no Cessation nor any Pacification or Agreement for Peace whatsoever shall be made by either Kingdom or the Armies of either Kingdom without the mutuall advice and Consent of both Kingdoms or their Committees in that behalf appointed who are to have full Power for the same in case the Houses of the Parliament of England or the Parliament or convention of Estates of Scotland shall not sit 9. That the Publique Faith of the Kingdome of Scotland shall be given to their Brethren of England That neither their entrance into nor their continuance in the Kingdome of England shall be made use of to any other ends then are expressed in the Covenant and in the Articles of this Treaty And that all matters of difference that shall happen to arise between the Subjects of the two Nations shall be resolved and determined by the mutuall advice and consent of both Kingdomes or by such Committees as for this purpose shall be by them appointed with the same power as in the precedent Article 10. That in the same manner and upon the same conditions as the Kingdome of Scotland is now willing to ayde and assist their Brethren of England the Kingdome of England doth oblige themselves to ayd and assist the Kingdome of Scotland in the same or like cases of streights and extremities 11. Lastly it is agreed and concluded That during the time that the Scottish Army shall be imployed as aforesaid for the defence of the Kingdome of England There shall be fitted out as Men of Warre Eight Ships whereof sixe shall be of Burthen betwixt one hundred and Twenty and two hundred Tonne the other between three and foure hundred Tonâ—e whereof two shall be in Lieu of the two Ships appointed by the Irish Treaty All which shall be maintained at the charge of the Kingdome of England to be imployed for the defence of the Coast of Scotland under such Commanders as the Earle of Warwick for the time of his being Admirall shall nominate with the approbation of the Committees of both Kingdomes which Commanders shall receive from the said Earle generall Instructions that they doe from time to time observe the directions of the Committees of both Kingdomes The Ordinance for calling the Assembly of Divines An Ordinance of the Lords and Commons in Parliament for the calling of an Assembly of Learned and Godly Divines and others to be consulted with by the Parliament for the setling of the Government and Liturgy of the Church of England and for vindicating and clearing of the Doctrine of the said Church from false aspertions and interpretations WHereas amongst the infinite blessings of Almighty V. God upon this Nation none is or can be more deare unto us then the purity of our Religion and for that as yet many things remaine in the Liturgy Discipline and Government of the Church which do necessarily require a further and more perfect Reformation then as yet hath been attained and whereas it hath bin declared and resolved by the Lords and Commons assembled in Parliament that the present Church government by Arch-bishops Bishops their Chancellors Commissaries Deanes Deanes and Chapters Arch-deacons and other Ecclesiasticall Officers depending upon the Hierarchy is evill and iustâ—y offensive and burthensome to the Kingdom a great impedimeâ—t to Reformation and growth of Religion and very preiudicialâ— to the State and government of this Kingdom and thâ—â— therefore they are resolved that the same shall be taken away and that such a government shall be setled in the Church aâ— may be most agreeable to Gods holy word and most apt to proâ—ure and preserve the peace of the Church at home and neerer agreement with the Church of Scotland and other reformed Churches abroad and for the better effecting hereof and for the vindicating and clearing of the doctrine of the Church of England from all false calumnies and aspersions It is thought fit and necessary to call an Assembly of Learned Godly and judicious Divines who together with some Members of both the Houses of Parliament are to consult and advise of such matters and things touching the premises as shall be proposed unto them by both or either of the Houses of Parliament and to give their advice and counsell therein to both or either of the said Houses when and as often as they shall be thereunto required Be it therefore ordained by the Lords and Commons in this present Parliament assembled That all and every the persons hereafter in this present Ordinance named that is to say Algernon Earle of Northumberland William Earle of Bedford Philip Earle of Pembroke and Montgomery William Earle of Salisbury Henry Earle of Holland Edward Earle of Manchester William Lord Viscount Say and Seale Edward Lord Viscount Conway Philip Lord Wharton Edward Lord Howard of Estr John Selden Esqu Francis Rows Esqu Edmund Prideaux Esqu Sr Henry Vane Knight senior Iohn Glyn Esqu Recorder of London Iohn White Esqu Bouldstrode Whitlocke Esqu Humphrey Salloway Esqu M. Serjcant Wild Oliver Saint-John Esqu His Majesties Sollicitor Sr Benjamen Rudyard Knight Iohn Pym Esq Sir John Clotworthy Knight Iohn Maynard Esqu Sir Henry Vane Knight junior William Pierpoint Esqu William Wheeler Esqu Sir Thomas Barrington Knight Walter Young Esqu Sir John Evelin Knight Herbert Palmer of Ashwell Batchelor in Divinity Oliver Boles of Sutton Batchelor in Divinity Henry Wilkinson of Waddesdon Batchelor in Divinity Thomas Valentine of Chalfont-Giles Batchelor in Divinity D William Twiss of Newbury William Raynor of Egham Mr. Hannibal Gammon of Maugan Mr. Iasper Hickâ— of Lawrick Dr. Joshua Hoyle late of Dublin in Ireland William Bridges of Yarmouth Thomas Wincop of Ellesworth Doctor in Divinity Thomas Goodwin of London Bâ—tchelor in Divinity Iohn Ley of Budworth in Cheshire Thomas Case of London Iohn Pyne of Bereferrers Mr. Whidden of Mooreton Dr. Richard Love of Ekington Dr. William Gouge of Blackfriers London Dr. Ralph Brownerigg Bishop of Exeter Dr. Samuel Ward Master of Sidney Colledge Iohn White of Dorchester Edward Peale of Compton Stephen Marshall of Finchingfild Batchellor in Divinity Obediah Sedgewicke of Cogshall Batchellor in Divinity M. Carter Peter Clerk of Carnaby William Mew of Estington Batchellor in Divinity Richard Capell of Pitchcomb Theophilus Bathurst of Overton Watervile Phil. Nye of Kimbolton D. Brocket Smith of Barkway D. Cornelius Burges of Watford John Greene of Pencombe Stanley Gower of Brampton-Bryan Francis Taylor of Yalding Tho. Wilson of Otham Antho. Tuckney of Boston Batchellor of Divinity Thomas Coleman of Bliton Charles Herle of Winwicke Richard Herricke of Manchester Richard Cleyton of Showell George Gibbs of Ayleston D. Calibute Downing
of the Scottish Foot and shall receive and obey the Orders and Instructions of the Commanders of the Scottish Army And that there shall be presently advanced the summe of twelve Hundred Pounds sterling for the Levying of a Troop of one hundred Horsemen in Scotland besides the Officers to be a Guard to the Generall of the Scottish Army Fifthly It is agreed That the Commanders and Souldiers of the Scottish Army shall have such Pay respectively as the Commanders and Souldiers of the English Army have according to a List presently agreed upon by the Commissioners of both Kingdomes As also that the Officers of that Army shall have such allowance for their Waggons as is contained in the said List Sixtly It is agreed That the Townes and Castle of Carickfergus and Colrayne shall be put into the hands of the Scottish Army to be places for their Magazines and Garrisons and to serve them for Retreat upon occasion And that the Magistrates and Inhabitants thereof shall be ordeyned to carry themselves to the Commanders of the said Army as is fitting and ordinary in such Cases And that the said Townes and Castle shall remain in the Scots hands untill the Warre shall end or that they shall be discharged of that service Like as the Commissioners for the Kingdom of Scotland do promise in the Puâ—lique Faith of that Kingdom to redeliver the said Townes and Castle to any having Commission from the King and Parliament of England as also the Commissioners for the Kingdom of England do promise in the name and on the Publique Faith of that Kingdom That Payment shall be made to the Kingdom of Scotland and their Army of all dues that shall arise upon this present Treaty and that when the Scottish Army imployed in the service of Ireland shall be discharged they shall be disbanded by Regiments and no lesser proportions and so may of them payed off as shall be disbanded and the residue kept in pay till they be disbanded Seventhly It is agreed that the Townes of Charickfergus and Colrayne shall by the Kingdom of England be with all expedition provided with Victualls necessary for Souldiers either in Garrisons or expeditions according to a List to be agreed on and Subscribed by the Commissioners of both Kingdoms And that such quantities thereof as the Scottish Army shall have occasion to use shall be sold unto them and bought by them at the severall Prices contained in the aforesaid List And also that the said Townes of Carickfergus and Colrayne shall be provided by the Kingdom of England with Powder Ball Match and other Ammunition for the service of the said Army conforme to the particular List to be condescended unto by both Commissioners and that Carts and Waggons shall be provided by the Kingdom of England for carrying of Ammunition for the use of the said Army in Marches As also that there shall be Gun-Smiths Carpenters and one or two Engineers appoynted to attend the Army and that hand Mils shall be provided to serve the Companies in Marches Eightly It is agreed that the Kingdom of England shall deposite two Thousand Pounds English money in the hands of any to be appoynted by the Scottish Commissioners to be disbursed upon accompt by warrant of the Generall of their Army upon Fortifications Intelligences and other Incidents so that there be not above the summe of two Thousand pounds in a yeare Imprested upon these occasions without particular and speciall warrant from the Parliament of England As also that there shall be deposited two Thousand and five hundred pounds English to be disbursed upon Accompt for the providing of a thousand Horses for the Carriage of the Artillery the Baggage and Victuall of their Army and for Dragooners upon occasion And likewise that the Scottish Army during the time of the Warre shall have power to take up such Horses in the Country as be necessary for the uses aforesaid Ninth It is agreed that the Inhabitants of the Townes and Villages in the Province of Vlster and in any other Province of Irâ—land where the Scottish Army shall be by it selfe for the time shall receive Orders from the Scottish Commanders And shall bring in Victualls for Money in an orderly way as shall be directed by them with Provision of Oates Hay and Strawe and such other Necessaries And that the Country People shall Rise and Concurre with the Scottish Troops when the Commanders thereof shall find it for the good of the Service and shall receive Orders and Directions from the said Commanders of the Scottish Army Tenth It is agreed that the said ten thousand men to be sent out of the Kingdom of Scotland shall goe in the way and order of an Army under their own Generall and Subalterne Officers And the Province of Vlster is appointed unto them wherein they shall first prosecute the Warre as in their Judgment they shall think most expedient for the honour of the King and Crowne of England And that the Commanders of the said Army shall have power to give Conditions to Townes Castles and Persons which shall render and submit themselves as shall be most expedient for the service according to the course of Warre Provided no Toleration of the Popish Religion be granted nor any condition made touching or concerning any of the Rebels Lands and that the Commanders â—f the Scottish Army shall be answerable for their whole deportment and proceedings to His Majesty and the two Houses of the Parliament of England only but shall from time to time give an accompt thereof to His Majesty the two Houses of the Parliament of England and to the Cheife Governour or Governours of Ireland for the time being that such Townes and Places as shall be recovered from the Rebels by the Scottish Army shall be at the disposing of the Commanders thereof during their aboade for that service in those parts where such Townes and Places are And if it shall be found for the good of the service that the Scottish Army shall joyne with the Kings Lievtenant of Ireland and his Army in that case the Generall of the Scottish Army shall only cede to the Kings Lievtenant of Ireland and receive in a free and honourable way Instructions from him or in his absence from the Lord Deputy or any other who shall have the Cheife Government of that Kingdome for the time by authority derived from the Crowne of England and shall precede all others and that he only shall give Orders to the Officers of his own Army And that the Armies shall have the right lefthand Vand and Reare Charge and Retreat successively and shall not mixe in Quarterings nor Marchings and when it shall be found fit to send Troopes out of either Army that the Persons to be sent out of the Scottish Army shall be Commanded out by their own Generall the Lievtenant of Ireland prescribing the number which shall not exceed the fourth part of the whole Foote of the Scottish Army nor of the
therefore they have in a manner given up their power in this unhappy warre at home to their State Committee whose resolutions are rather brought to them for Countenance and execution then for debate and deliberation They tell us the Parliament of England is a faithfull Councell to us and that we have trusted them with the prosecution of that Warre and they faithfully discharged their parts in it We wish though We are willing to be silent in it that yet the ruines and desolations of this Kingdom would not speak to posterity what Councellors those are who have divested Vs of Our Revenue Armes Ships Power and even the security of Our person who have Armed Our Subjects here who have brought in the Scots into this Kingdom to the tearing up the bowels of it who have infamously libelled against Vs and Our Consort who have threatned to depose Vs and impeached Her of Treason and who those are who have denied Peace to this miserable Kingdom unlesse We would consent to their unreasonable destructive Propositions overturning the whole frame of government both in Church and State They say and it is true We trusted them with the Prosecution of that Warre and how faithfully they discharged it We will not again repeat but We never trusted them so as to exclude Our Selves as they now suppose and if we had relyed more on the judgements and advice of Our Privy Councell and lesse on theirs neither that nor this Kingdom had been in the condition they now are It was their interposition and advice which hindred the transportation of the Army of Irish Natives out of that Kingdom into Spaine even to Our disreputation abroad who had agreed with the Spanish Embassadour to send them over and he in confidence of Our performance had disbursed Mony for their transport and had they been transported their stay as it provoked them so it emboldening and strengthening the other Irish we are confident the flames of that Rebellion would never have broken forth at all or at most have been so small as might suddenly have been extinguished It was their advice that staid Our going over thither in person which probably might have stopped the rage of that warre and by the blessing of God would have saved the effusion of much blood which was since shed in that Kingdom It was their unseasonable Declarations at the beginning of the Rebellion before the old English and other Papists had engaged themselves with the Rebels of Vlster of making it a warre of Religion and against that connivence which had been used in that Kingdom ever since the Reformation and tending to make it a Nationall quarrell and to eradicate the whole stock of the Irish which they now pursue by giving no quarter to those few of that Nation in England who never were in that Rebellion but according to their duty assist Vs their Soveraigne which made the Rebellion so generall whereas otherwise the old English as in former times though Papists would have joyned against those Rebels When We had offered in December 1641. That 10000 volunteers should be raised presently in England for the service of Ireland if the House of Commons would declare they would pay them Instead thereof in Ianuary following Propositions were made for the transporting the Scots into Ireland and We were advised by the two Houses to give the Command and keeping of the Town and Castle of Carickfergus to the Scottish who were to be transported thither and paid by this Kingdom to which we returned answer that we did not approve the same as prejudiciall to the Crowne of England and the service intended and implying too great trust for auxiliary Forces yet afterwards because We perceived the insisting upon it would breed a great delay in the necessary supply of that Kingdom we did admit of the advice of the Parliament in that particular and since by the Articles of the 6th of August 1642. which though said to be made by Commissioners authorised by Vs and the Parliament of England we never were made acquainted with them till upon this Treaty almost three years after both the Townes and Castles of Carickfergus and Colerane are left with them as Cautionary the consequence whereof was such that though the service of Ireland was little advanced or the poor English Protestants relieved by it and this Kingdom drayned to pay those whose great arrears growing upon that agreement must be paid out of Lands in Ireland where they have so good footing already or of Our good Subjects in England according to their other Propositions By this means the Scottish having an Army there under colour of supplying them Our Armes and Ammunition were sent into Scotland for the supply of another Army to be brought into England and the countenance of that Army in Ireland as it gave encouragement to some of Our Scottish Subjects so it over-awed others and was a means without any the least provocation to those Our ungratefull Subjects of bringing of another Army into this Kingdom where they still remaine to the utter ruine of many of Our good Subjects and the probable destruction of the whole Kingdom And lastly it was upon their advice in February 1641. shortly after those Propositions tendred for transporting the Scots into Ireland that we agree that the Rebels Lands should be shared amongst the Adventurers and the Rebels to have no Pardons though we then expresly declared We did it meerly relying upon their Wisdom without further examining what we in Our particular judgement were perswaded Whether that course might not retard the reducing of that Kingdom by exasperating the Rebels and rendring them desperate of being received into grace if they should returne to their obedience And it is most apparent that those Propositions and the Act drawn upon them wherein also a further Clause not observed by Vs but passed as conceiving that Act had wholly pursued the Propositions was inserted That every Person who should make enter into or take any Compact Bond Covenant Oath Promise or Agreement to introduce or bring into the said Realme of Ireland the Authority of the Sea of Rome in any case whatsoever or to maintaine or defend the same should forfeit his Lands and Goods as in case of Rebellion were great causes not onely of provoking buâ— increasing and encouraging the Rebels who having no pretence before for that horrid Rebellion had now some colour to make it a matter of Religion and so to make their application to Forreigne Princes and to negotiate with them for delivering that Kingdome into their hands We professe Our aversion from their Religion and hatred to their Rebellion but though We think them worse Christians because they are Rebels we think them not worse Rebels because they are Papists A Protestant Rebel in the same degree of Rebellion hath farre more to answer as having more light and it being more expressely against the Religion he professeth whereof it hath heretofore been a maxime though it be now