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
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
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
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
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
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
and pay unto all and every Arch-Bishop Bishop Deane Sub-deane Arch-Deacon Chanter Chancellour Treasurer Sub-Treasurer Succentor Sacrist â—rebendary Cannon Cannon Residentiary Pettie Cannon Vicars Chorall Choristers old Vicars and new Vicars and other Officers and persons belonging unto or now imployed in or about the said Cathedrall or collegiate Churches such yearely Stipends and Pensions for so long time and in such manner as by the Lords and Commons in Parliament Assembled shall be ordered dirâ—cted and appointed And shall dispose of all and singular the aforesaid Mannors Lands Tithes Appropriations Advowsons Tenements Hereditaments and other the Premisses and of every part and parcell thereof and of the Revenues Rents Issues and profits thereof to the uses intents and purposes above and hereafter expressed that is to say for a competent maintenance for the suâ—port of such a number of preaching Ministers for the service of every Caâ—heâ—rall and collegiate Church and His Majesties free Chappell of Windsor as by the Lords and Commons shall be ordered and appointed And likâ—wise for the maintenance of preaching Ministers throughout the Kingdom of Eâ—gland Dommion of Wales and Town of Barwâ—â—k in such places where such maintenance is wanting and for a proportionable allowance for and towards the reparation of the said Cathedrall and collegiate Churches in such manner and forme and to such persons and for such other good uses to the advancement of true Religion and the maintenance of Piety and Learning as by this or any other Act or Acts of Parliament now or hereafter to be made shall be set down or declared And be it further enacted by the Authority aforesaid that all Leases Guifts Grants Conveyances Assurances and Estates whatsoever hereafter to be made by the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peeter Malbourne Esqu the Survivors and Survivor of them or the greater part of them his and their Heires and Assignes of any the Mannors Lands Tenements or Hereditaments within or by this Act shall come or be limited or disposed of unto the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peeter Malbourne Esquire other then for the Terme of one and Twenty yeares or three Lives or some other Terme of yeares determinable upon one two or three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearely Rent or more shall be reserved and payable yearely during the said Terme whereof any former Lease is in being and not to be Expired surrendred or ended within three yeares after the making of such Lease shall be utterly voyd and of none effect to all Intents Constructions and purposes any thing in this Act to the contrary in any wise notwithstanding Provided neverthelesse where no Lease hath been heretofore made nor any such Rent hath been reserved or payable of any the Lands Tenements or Hereditaments in this Act limited or disposed of unto the said Sir Williâ—m Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohâ— Packer Esqu Peter Malbourne Esqu that in such case it shall be lawfull for the said Sir William Roberts Knigâ—t Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peter Malbâ—urne Esqu the Survivors and Survivor of them or the greater part of them his and their Heires to make any Lease or state for the Terme of one and Twenty yeares or three Lives or some other Terme of yeares determinable upon one two or three Lives and not above taking such Fine as they in their Judgements shall conceive indifferent and reserving a reasonable Rent not being under the third part of the clear yearely value of the Lands Tenements or Hereditaments contained in such Lease And it is further Declared to be the true intent and meaning of this Act That all and every the Lessees Farmors and Tenants of all and every the said Persons and Corporations whosâ— Offices or places are taken away by this Statute now having holding or enjoying any Estate Terme or Interest in possession by himselfe his under Tenants or Assignes of or in any Mannors Lands Tenements Appropriations or other Hereditaments whatsoever shall and may be preferred in the taking and renuing of any Estates Leases or Grants of any such Mannors Lands Tenements or Hereditaments before any other Person the said Lessees Farmors or Tenants or other Parties interessed as aforesaid desiring the same and giving such Fines Rents and other considerations for the same as by the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Peter Malbourne Esquires or the Survivors or Survivor of them or the major part of them his or their Heires or Assignes shall be thought and held just and reasonable Provided also and be it enacted by the Authority aforesaid that all and singular Revenues Rents Issues Fees Profits Summes of Money and allowances whatsoever as have heretofore been and now ought to be paid disposed or allowed unto or for the maintenance of any Grammer Schoole or Schollars or for or towards the Reparation of any Church Chappell High-way Causey Bridge Schoole-house Almes-house or other charitable use payable by any the Corporations or Persons whose Offices or places are taken away by this Act or which are chargeable upon or ought to issue out of or be paid for or in respect of the said premisses or any of them shall be and continue to be paid disposed and allowed as they were and have been heretofore any thing in this present Act to the contrary thereof notwithstanding And to the intent and purpose the Parliament may be certainly and clearly informed of the premisses to the end the same may be distributed applied imployed to and for such pious and godly uses and purposes as is intended and herein declared Be it ordained and enacted that the Lord Keeper of the Great Seale of England for the time being shall by vertue of this Act have full Power and Authority and is hereby required to award and issue forth severall Commissions under the Great Seale of England into all and every the Counties and Cities with in the Kingdome of England and Dominion of Wales to be directed unto such and so many Persons as bâ— the Lords and Commons in this present Parliament assembled shall be nominated assigned and appointed thereby authorizing and requiring thâ—m or any five or more of them and giving them full Power and â—uthority by the Oathes of good and lawfull men as by all other good and lawfull wayes and meanes to inquire and find out what Mannors Castles Lordships Granges Messuages Lands Tenements Meadowes Leasues Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions
A FULL RELATION of the Passages concerning the Late TREATY FOR A PEACE BEGUN AT VXBRIDGE JANUARY 30. 1644. Printed by His MAjESTIES Command AT OXFORD By Leonard Lichfield Printer to the Vniversity 1645. A TABLE OR INDEX SHEWING breifly the Method and Order of this Narrative and directing to the places where each subjects Matter therein conteyned is to be found 1. ARE set down the Messages and Propositions sent by His Majestie and brought to Him which preceded the Treaty and were inducements to it beginning Page the first and ending page the 20. 2. The Passages in the beginning of the Treaty preparatory therevnto wherein 1. Of the severall Commissions and Passages therevpon beginning pag. 20. ending pag. 29. 2. The Papers Concerning the Manner and Order of the Treaty pag. 29. ending pag. 30. 3. The Papers concerning a Scandalous Sermon Preached at Vxbridge against the Treaty the first day of the Treaty and before it began pag. 30. ending pag 31 3. The Papers Concerning Religion during the whole Treaty Collected together pag. 32. ending pag. 50. 4. The Papers Concerning the Militia during the whole Treaty Collected together pag. 51. ending pag. 94. 5. The Papers Concerning Ireland during the whole Treaty Collected together pag. 93. ending pag 140 6. The Papers Concerning His Majesties Propositions and particularly for a Cessation of Armes and touching His Majesties returne to Westminster after disbanding of Armies and further time for continuing or renewing the Treaty are Collected together pag. 140. ending pag. 156. 7. And lastly an Appendix is added wherein are contayned such things as are mentioned in the Narrative or were delivered in writing during the Treaty and were not Printed before or being heretofore Printed are now out of Print or not easily to be had the particulars whereof are as followeth 1. His Majesties Message from Evesham of the 4th of July 1644. pag. 157. 2. His Majesties Message from Tavestock of the 8th of September 1644. pag. 159. 3. The Bill for abolishing of Episcopacy c. pag. 160. 4. The Articles of the late Treaty of the date at Edenburgh the 29th of Novemb. 1643. pag. 169 5. The Ordinance for calling the Assembly of Divines pag. 174. 6. The Votes and Orders delivered with it pag. 180. and 181. 7. The Articles of the 6th of August 1642. concerning Ireland pag. 182. 8. The Ordinances of the 9th of March and the 11th of April touching the Forces in Ireland pag. 188. 9. The Letters and advices from the Lords Justices and Councell of Ireland pag. 189. 10. The Letters and advices from the Lords Justices and Councell of Ireland pag. 189. Herevnto is added His Majesties answers to certain Papers delivered upon the close of the Treaty one concerning the Militia and two concerning Ireland beginning pag. 199. His MAjESTY having received an Account from His Commissioners of their proceedings in the late Treaty atVxbridge to the end that all His people may be fully satisfied of his earnest and constant endeavours to procure the publique Peace whereby to put an end to these present miseries hath commanded this full and plain Narrative of all the passages concerning that Treaty to be made and published AFter His Majesties Message from Evesham of See these Messages in the Appendix no. 1. 2. the 4th of Iuly last desiring and propounding a Treaty for Peace And His second Message from Tavestoke of the 8th of September last renewing that desire At length on the 23 day of November last past the Earle of Denbigh and others repaired to His Majesty at Oxford with Propositions in these words following WEE Your Majesties Loyall Subjects assembled in the I. Parliaments of both your Kingdoms from the sence of that duty we owe unto Your Majesty and of the deep sufferings and many miseries under which your People of all Your Kingdoms lye bleeding in this unnaturall Warre after long and serious consultation about the best wayes and means of their preservation and for setling Your Majesties Throne and Your Subjects in Peace and Security have with common consent Resolved upon these Propositions which we doe humbly tender unto Your Majesty The humble desires and Propositions for a safe and well grounded Peace agreed upon by the mutuall advice and consent of the Parliaments of both Kingdoms united by solemne League and Covenant to be presented to His Majesty 1. That by Act of Parliament in each Kingdom respectively all Oathes Declarations and Proclamations against both or either of the Houses of the Parliament of England and the late â—onvention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and proceedings or against any for adhering unto them And all Indictments Outlaries and Attainders against any for the said Causes be declared Null suppressed and forbidden And that this be publiquely intimated in all Parish-Churches within His Majesties Dominions and all other places needfull 2. That His Majesty according to the laudable example of His Royall Father of happy memory may be pleased to sweare and signe the late solemne League and Covenant And that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliaments respectively with such penalties as by mutuall advice of both Kingdoms shall be agreed upon 3. That the Bill be passed for the utter abolishing and taking away of all Arch-Bishops Bishops their Chancellours and Commissaries Deanes and Subdeanes Deanes and Chapters Archdeacons Canons and Prebendaries And all Chanters Chancellours Treasurers Subtreasurers Succentors Sacrists and all Vicars Chorall and Choristers old Vicars and new Vicars of any Cathedrell or Collegiat Church And all other their under officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the Date at Edenborough 29. of Novemb. 1643. And joynt Declaration of both Kingdomes 4. That the Ordinance concerning the calling and sitting of the Assembly of Divines be confirmed by Act of Parliament 5. That Reformation of Religion according to the Covenant be setled by Act of Parliament in such manner as both Houses shall agree upon after consultation had with the Assembly of Divines And for as much as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and uniformity in matters of Religion that such unity and uniformity in Religion according to the Covenant as after consultation had with the Divines of both Kingdomes now assembled shall be joyntly agreed upon by both Houses of the Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively 6 That for the more effectuall disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and
deluding the Lawes and for the better discovering and speedy conviction of Recusants an Oath be Established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory worshipping of the consecrated Hoast Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appoynted by the said Act to be sufficient conviction in Law of Recusancie 7. An Act of Parliament for education of the Children of Papists by Protestants in the Protestant Religion 8. An Act for the true leavying of the penalties against them which penalties to be leavyed and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no losse 9. That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Lawes against them duely executed and a stricter course taken to prevent the saying or hearing of Masse in the Court or any other part of this Kingdome 10. The like for the Kingdome of Scotland concerning the foure last preceeding Propositions in such manner as the Estates of Parliament there shall thinke fit 11. That the King doe give His Royall Assent To an Act for the due observation af the Lords day And to the Bill for the suppression of Innovations in Churches and Chappell 's in and about the Worship of God And for the better advancement of the Preaching of Gods holy Word in all parts of this Kingdome And in the Bill against the enjoying of Plaralities of Benefices by spirituall Persons and non-Residencie And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Vniversities of the Colledges of Westminster Winchester and Eaton And to an Act in like manner to be agreed upon for the suppression of Interludes and Stage-playes This Act to be perpetuall And to an Act for the taking the Accompts of the Kingdom And to an Act to be made for reliefe of sick and maymed Souldiers and of poor Widdowes and children of Souldiers And to such Act or Acts for raising of Moneyâ— for the payment and satisfying of the publique Debts and Damages of the Kingdome and other publique uses as shall hereafter be agreed on by both Houses of Parliament And to an Act or Acts of Parliament for taking away the Court of Wards and Liveries and all Wardships Liveries Primer seisins and Ouster le maynes and all other charges incident or arising for or by reason of Wardship Livery Primer seisin or Ouster le Maine And for the taking away of all tenures by homage and all Fines Licenses Seisures and Pardons for alienation and all other charges incident thereunto and for turning of all Tenures by Knights service either of His Majesty or others or by Knights service or soccage in Capite of His Majesty into free and common soccagâ— And that His Majesty will please to accept in recompence hereof one hundred thousand pounds per annum And give assurance of his consenting in the Parliament of Scotland to an Act ratifying the Acts of Convention of the Estates of Scotland called by the Councell and Conservatory of Peace and the Commissioners for the common Burthens and assembled the 22 day of Iune 1643. and severall times continued since in such manner and with such additions and other Acts as the Estates convened in this present Parliament shall thinke convenient 12. That an Act be passed in the Parliament of both Kingdomes respectively for confirmation of the Treaties passed betwixt the two Kingdoms viz. the large Treaties the late Treaty for the comming of the Scots Army into England and the setling of the Garrison of Berwick of the 29 of November 1643. And the Treaty concerning Ireland of the 6th of August 1642. with all other Ordinances and proceedings passed betwixt the two Kingdomes in pursuance of the said Treaties 13. That an Act of Parliament be passed to make voyd the Cessation of Ireland and all Treaties with the Rebels without consent of both Houses of Parliament and to settle the prosecution of the Warre of Ireland in both Houses of Parliament to be mannaged by the joynt advice of both Kingdomes And the King to assist and to doe no Act to discountenance or molest them therein 14. That an Act be passed in the Parliament of both Kingdomes respectively for establishing the joynt Declaration of both Kingdomes bearing date the 30th of Ianuary 1643. in England and 1644 in Scotland with the qualifications ensuing 1. That the Persons who shall expect no Pardon be onely these following RUPERT and MAURICE Count Palatines of the Rhene Iames Earle of Derby Iohn Earle of Bristoll William Earle of Newcastle Francie Lord Cottington Iohn Lord Pawlet George Lord Digby Edward Lord Littleton William â—aud Arch-bishop of Canterbury Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Derty Sir Iohn Byron Knight William Widdrington Colonell George Goring Henry â—ermin Esq Sir Ralph Hopton Sir Francis Doddington M Endymion Porter Sir George Ratcliffe Sir Marmacuke Langdale Sir Iohn Hotham Captain Iohn Hotham his sonne Sir Henry Vaughan Sir Francis Wirdebanke Sir Richard Greenvile M r Edward Hyde Sir Iohn Marley Sir Nicholas Cole Sir Thomas Riddell Iunior Colonell Ware Sir Iohn Strangwayes Sir Iohn Culpepper Sir Richard Floyd Iohn Bodvile Esq M. David Ienkins Sir George Strode Sir Alexander Carew Marquisse of Huntley Earle of Montrosse Earle of Niddisdaill Earle of Traquayre Earle of Carnewath Viscount of Aubayne Lord Ogleby Lord Rae Lord Harris Lodwick Lindsey some time Earle of â—rawford Patrick Ruthen sometime Earle of Forth Iames King sometimes Lord Ethyn â—â—uing younger of Drunim Gordon younger of Gight Lesley of Auchintoâ—le Sir Robert Spotswood of Dumipace Colonell Iohn Cockram Mr Iohn Maxwell sometime pretended Bishop of Rosse M. Walter Balcanquall and all such others as being processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. All Papists and Popish Recusants who have been now are or shall be actually in Armes or Voluntarily assisting against the Parliaments or Estates of either Kingdom 3. All persons who have had any hand in the plotting designing or assisting the Rebellion in Ireland 4. That Humphrey Bennet Esquire Sir Edward Ford Sir Iohn Penruddock Sir George Vaughan Sir Iohn Weld Sir Robert Lee Sir Iohn Pate Iohn Ackland Edmund Windham Esquires Sir Iohn Fitzherbert Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esq Sir William Russell of Worcestershire Thomas Lee of Adlington Esq Sir Iohn Girlington Sir Paul Neale Sir William Thorald Sir Edward Huffey Sir Tho. Lyddell Senior Sir Philip Musgrave Sir Iohn Digby of Nottingh Sir Hen Fletcher Sir Richard Minshall Laurence Halsteed Iohn Denham Esquires Sir Edmond Fortescue Peter St Hill Esq Sir Thomas Tildesley Sir Hen Griffith Michaell Wharton Esq Sir Hen. Spiller Sir George Benion Sir Edward
upon the Questions formerly proposed by us We conceive that the Information given to us in debate by your Lordships to the Questions wee proposed to you in writing was 1 That the Congregationall Assemblies consist of the Ministers and Ruling Elders 2 That the Classicall Assemblies consist of many Congregationall Assemblies 3 That the Provinciall Assemblies are constituted of the severall Classicall Assemblies 4 That all these Congregationall Classicall and Provinciall Assemblies together constitute a Nationall Assembly 5 That the Authority and Iurisdiction of the severall Assemblies shall be setled by Parliament And if your Lordships have any thing else to informe us concerning this Government We desire to receive the same from your Lordships The King's Commissioners paper 3o. February WE are ready by present Conference to enter upon consideration XLIII of your Lordships first Proposition concerning Religion and shall desire to receive or give satisfaction whereby We may be of one mind in that Argument And for the better entering into this debate we desire to know whether in respect of Alteration mentioned in the third Proposition to be made in the Bill for abolishing Episcopacy you would have this individuall Bill passe or not Their Answer 3o. Feb. WE desire the Bill for the utter abolishing of Episcopacy XLIV which now remaines with His Maiesty may be passed without prejudice to us to insist upon the * The Alterations intended here and in the third Proposition are according to the Articles of the Treaty at Edenborough which see in the Appendix no. 4. and the joynt Declaration of both Kingdomes which are That whereas by the Bill the Bishops Lands are mentioned to be given to the King and other Church Lands for other uses by those Articles and Declarations they may be taken away and imployed to payment and recompence of the Scots and for paying the publique Debts and repairing of particular losses Alterations mentioned in the third Proposition and we are ready to give your Lordships a present conference upon the first Proposition concerning Religion according to your desire After a Conference wherein much time was spent in debate concerning that individuall Bill which was presented for abolishing Episcopacy their Commissioners delivered this paper 3o. Feb. WE desire your Lordships answer to our demands upon the XLV Propositions for Religion and in the first place to the Bill for abolishing of Episcopacy which hath been so much debated that upon the expiring of the first three dayes appointed to Treat concerning Religion we may be able to returne such an account to the Parliaments of both Kingdoms as may give them hopes of a happy progresse in this Treaty The King's Commissioners Answer 3o. Feb. WE conceive we have offered so weighty doubts and considerations XLVI to your Lordships in this dayes debate concerning severall parts in the Bill for abolishing of Episcopacy your Lordships having confined and limited our debate to that individuall Bill as it is now penn'd not to the consideration of abolishing Episcopacy in Generall that your Lordships cannot expect a positiue answer from us now being after eleven a clock at night touching that Bill But we shall be ready by the next day assigned for the Treaty upon this Argument to deliuer our opinions to your Lordships the which we shall be then the better able to doe when we have found by the progresse in our other debates how farre a blessed and a happy Peace is like to be advanced by our endeavouring to give your Lordships satisfaction in this particular This being the last of the three first dayes assigned for the Treaty upon Religion that subject was again taken up the 11. of Feb. being the first of the second three dayes appointed for Religion And their Commissioners delivered this paper 11th Feb. HAving received no satisfaction in the first three dayes appointed XLVII to Treat upon the Propositions for Religion we do now desire your Lordships cleare and full answer to our former demand on this subject that no farther time may be lost in a matter which doth so much concerne the Glory of God the honour of the King and the peace and happinesse of His Kingdomes The King's Commissioners Answer 11º Feb. VVE gave your Lordships as much satisfaction in the first XLVIII three dayes appointed to Treat upon the Propositions for Religion as in so short a time and upon so little information from your Lordships could reasonably be expected in a matter of so great high importance as we have given your Lordships already * That was by conference many reasons concerning the Injustice and Inconveniency which would follow upon passing the Bill for abolishing Episcopacy according to your first Proposition so we are now ready by conference to satisfie your Lordships why we conceive that the said Bill is not for the Glory of God or the honour of the King and consequently cannot be for the Peace and happinesse of His Kingdoms and if your Lordships reasons shall convince us in those particulars we shall willingly consent to what you desire if otherwise we shall offer to your Lordships our Consent to such other Alterations as we conceive may better contribute to the Reformation intended and such as may stand with the Glory of God and in truth â—e for the honour of the King and the Peace and happinesse of His Kingdoms Their Reply 11. Feb. We have received no satisfaction from your Lordships concerning XLIX the Propositions delivered in by us for Religion in the name of the Parliaments of both Kingdomes nor have you made appeare unto us any injustice or inconveniency in the passing of the Bill for abolishing of Episcopacy And as it cannot be denyed but the setling of Religion is a matter which doth highly concerne the glory of God the honour of the King and the Teace and happinesse of his Kingdomes So doe we desire your Lordships will grant those demands which have been made unto you by us to that end And we are ready by present Conference to receive what your Lordships will offer upon any of those Propositions and to returne that which may give your Lordships just satisfaction The King's Commissioners Answer 11. February YOur Lordships having expressed in your Paper of the first of L. February that there are other things touching Religion to be propounded by your Lordships to us We presume that by this time you may be enabled by your Instructions to propose the same And therefore we desire to receive them from your Lordships which we hope your Lordshipâ— will think very reasonable when you consider how incongruous a thing it will appeare to most men to consent to reall and substantiall alterations in the matter of Religion without having a view of the whole Alterations intended when at the same time there is mention of other Alterations Their Answer thereunto 11. February VVE shall deliver in very speedily that which remaines with LI. us touching Religion to be
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
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
Powder no strength of serviceable Horse no visible means by Sea or Land of being able to preserve that Kingdom and that though the Winds had in many dayes often formerly stood very faire for accessions of supplies forth of England the two Houses having then and ever since the full Command of those Seas yet to their vnexpressible greif after full six moneths waiting and much longer patience and long suffering they found their expectations answered in an inconfiderable quantity of provisions viz. 75 Barrells of Butter and 14 Tunn of Cheese being but the 4th part of a small Vessells-loading which was sent from London and arrived there on the 5th of May. which was not above 7 or 8 days provisions for that part of the Army in and about Dublin No monâ—y or victuals other then that inconsiderable proportion of victuals having arrived there as sent from the Parliament of England or from any other forth of England for the use of the Army since the beginning of Novem. before And besides these whereof we have Copies to your Lordships it was represented to Hiâ— Majesty by Petition from that Kingdom That all meanes by which comfort and life should be conveyed to that Gasping Kingdom seemed to be totally obstructed and that unlesse timely releife were afforded His Loyall Subjects there must yeeld their fortunes for a Prey their lives for a sacrifice and their Religion for a scorn to the mercylesse Rebels Vpon all which deplorable passages represented by persons principally interessed in the managing of the affaires of that Kingdom and the War there in which number were Sr William Parsons Sr Iohn Temple Sr Adam Loftus and Sr Robert Merideth persons of great estimation with your Lordships to which we could add many other advices and letters from severall men of repute and quality but that we will not trouble your Lordships with repetition of private advices we cannot think but your Lordships are now satisfied that the necessities of that Kingdom which were the ground of the Cessation there were reall and not pretended and therefore for excuses we leave them to them who stands in need of them and we desire your Lordships to consider as the distracted condition of this Kingdom was what other way could be imagined for the preservation of that Kingdom then by giving way to that Cessation and though it is insisted on in your Lordships paper that some Protestants in Vlster Munster and Connaught who have refused to submit to that Cessation have yet subsisted yet your Lordships well know these were generally of the Scottish Nation who had strong Garrisons provided and appointed to them and were in these parts of Ireland neere the Kingdom of Scotland whence more ready supplies of Victuals might be had then the English could have from England and for whose supply as His Majesty hath bin credibly informed and we beleive that your Lordships know it to be true speciall care was taken when the English Forces and other English Protestant Subjects there were neglected whereby they were exposed to apparent destruction by Sword and Famine and we cannot but wonder at the assertion that His Majesties Forces have as much as lay in them endeavoured to prevent those supplies for Ireland and at the mention of the intercepting those provisions near Coventry with His Majesties own knowledge and direction whereas as we have formerly acquainted your Lordships it was not known to His Majesty that those provisions which were taken neere Coventry going thither when His Majesties Forces were before it were intended for Ireland till after the seisure there of when it was impossible to recover them from the Souldiers which might have bin prevented if a safe Conduct had bin desired through His Maiesties Quarters which we are assured He would have readily granted for those or any other supplies for that Kingdom but was never asked of Him and as there is no particular instance of any other provisions for Jreland intercepted by His Majesties Forces but those neere Coventry which were considerable so we can assure your Lordships that when His Maiestie was in the greatest wants of all provisions and might have readily made use of some provided for Ireland lying in Magazines within His Quarters yet he gave expresse order for the sending them away which was done accordingly and would haue supplied them further out of His own store if he had bin able and no man can be unsatisfied of His Maiesties tender sence of the miseries of His Protestant Subiects in Jreland when they shall remember how readily he gave His Royall assent to any Proposition or Acts for raising of men monyes and Armes for them that he offered to passe over in Person for their releife which His Maiesties Subiects of Scotland approved and declared it to be an argument of care in His Maiestie and if that had proceeded it might in possibility have quenehed the flames of that unhappy Rebellion as long before it miâ—ht probably haue bin prevented if the Army of Jrish Natives there had bin suffered to have bin transported out of that Kingdom as was directed by His Maiestie What Provisions are Iately sent or are now sending to Ireland from the two Houses we know not But His Majesty hath been informed that even those provisions are designed in pursuance of the late Treaty concerning Ireland made with His Subjects of Scotland without His Majesties Consent and onely for such who have deelared themselvea against His Majesties Ministers and in opposition to that Cessation to which many of them had formerly consented though they have since upon private Interest and the incouragement and solicitations of others opposed the same and therefore His Majesty cannot look upon those Supplied as a support for the Warre against the Irish Rebels or as a repayment of those monyes which being raised by Acts of Parliament for that Warre have been formerly diverted to other uses of which Money 100000l at one time was issued out for the payment of the Forces under the Earle of Essex And as to dâ—verting the Forces provided for the reducing of Ireland though we conceiv'd it ought not to be objected to His Maiesty considering the Forces under the Command of the Lord Wharton raised for Ireland had been formerly diverted and imployed against him in the Warre here in England yet it is evident they were not brought over till after the Celsation when they could no longer subsist there And that there was no present use for them and before those Forces brought over there was an attempt to bring the Scottish Forces in Ireland as likewise divers of the English Officers there into this Kingdome and since the Earle of Leven their Generall and divers Scotch Forces were actually brought over To the Allegations that many Persons of all sorts have forsaken the Kingdome rathen then they would submit to that Cessation we know of none But it is manifest that divers who had left that Kingdom because they would have been famished if they
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
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
taken for Apocryphall doctrine not to take up Armes against their Frince upon any pretence whatsoever And as we have endeavoured by Our Personall example otherwise so we shall still continue by all good meanes to propagate the Protestant Religion but we are farre from that Mahumetane doctrine that we ought to propagate Our Religion by the Sword And though We shall be most willing to hearken to the advice of Our People Assembled in a free Parliament yet we should be wanting to the Trust that God hath reposed in Vs and Our use of that reason with which he hath endowed Vs if We should wholly give up that Kingdome to be managed solely by their Counsells secluding Our Selves from all Interest therein especially when We consider that which experience hath taught Vs if they have the sole power of that Warre by which all the Souldiers and Commanders being to be nominated and paid removed and advanced by them the necessary application passing by Vâ— must be made to such as are powerfull with them how easie a matter it will be for a prevalent Faction if they shall have a mind to demand other things hereafter not fit to be granted againe to bring over an Army raised and payed by them into this Kingdome especially so much composed of Our Scottish Subjects And whereas they desire further The nomination of the Lord Lievtenant and other great Officers and Judges in that Kingdome which they also desire in this of England they cannot but know that it must oâ— necessity take away all dependency upon Vs and application to Vs when the power to reward those who are worthy of publique Trust shall be transferred to others and having neither force left Vs to punish nor power to reward We shall be in effect a titular contemptible Prince We shall leave all Our Ministers to the knowne Lawes of the Land to be tryed and punished according to those Lawes if they shall offend but We cannot consent to put so great a Trust and Power out of Vs and we have just cause to conceive that notwithstanding all their speciouâ— pretences this desire of nomination of those great Officers is but a cloke to cover the Ambition of those who having been the Boutefeux of this Rebellion desire to advance themselves and their owne Faction And to that which is said that Our bad choice of Our Lievtenants of Ireland was the losse of many thousand Lives there and almost of the whole Kingdome from Our Obedience They cannot but witnesse who know that Kingdome that during the Government there by Lievtenants of Our Choyce that Kingdome enjoyed more plenty and Peace then it ever had since it was under the subjection to the Crowne of England Traffique by Sea and Trade by Land encreased Values of Land improved Shipping multiplyed beyond beliefe Never was the Protestant Religion more advanced nor the Protestant protected in greater security against the Papists And We must remember them that that Rebellion was begun when there was no Lievtenant there and when the Power and Government which had been formerly used in that Kingdome was questioned and disgraced when those in the Parliament there by whom that Rebellion was hatched were countenanced in their Complaints and prosecution But they are not content to demand all the power over Ireland and the nomination of all Officers but We must also engage Our Selfe to passe such Acts as shall be presented to Vs for raising of Monyes and other necessaries for that Warre Our former readinesse to passe Acts for Ireland because they were advised by the two Houses when they were apparently prejudiciall to Our Selfe and contrary to Our owne Judgement might sufficiently satisfie them We would make no difficulty to consent to such Acts as should be for the good of that Kingdome but they have been already told it was unreasonable to make a generall engagement before we saw the Acts whether reasonable or no and whether those other necessaries may not in truth comprehend what is not onely unnecessary but very inconvenient But the People they say who have trasted them with their Purse will never begrudge what they make them lay out upon that occasion The two Houseâ— indeed were entrusted that Our Subjects should not be charged without them but they never were solely trusted by Our Subjects with a power to chaâ—ge them the care that no pressure in that or any other kind should be upon Our Subjects is principally in Vs without whose consent notwithstanding the late contrary and unexampled practice no such charge can or ought to be levyed and we ought not to give that consent â—ut where it is visible for the good of Our Kingdomes which upon such an unbounded power of raising Monyes may fall out otherwise especially in so unusuall a casâ— as this where those who must have the sole manage of the Warre shall have the sole command of the Purse without any châ—ck or controll upon them But they say againe We have heretofore been possessed against the Parliament for not giving away the Money of the Subject when We had desired it but never yet did We restraine them from it It is true We had no great cause heretofore to restraine the two Houses from giving the Subjects Money to Vs having found more difficulty to obtaine from them three or foure Subsidies then they have met with in raising so many Millions But Our People cannot think themselves well dealt with by Vs if We shall consent to put an unlimited power of raising what Monyes they please in those Persons who have drayned more wealth from them in foure yeares then We beleeve all the Supplies given to the Crowne in 400 yeares before have amounted unto In the last place We wish every man to consider how the Rebels in Ireland can be reduced by War whilst these unhappy distractions continue here whilst contrary Forces and Armies are raised in most parts of this Kingdom and the bloud of Our People is spils like water upon the ground whil'st the Kingdom in wasted by Souldiers and the people exhausted by maintaining them and as if this Kingdom were not sufficient to destroy it self whilest on Army of Scots is brought into the bowels of this Kingdom and maintained at the charg of it whil'st this Kingdom labours under such a War how is it possible that a considerable supply of men or money can be sent into Ireland To this with much fervour of expression they say It must not depend upon the condition of Our other Kingdoms to reveng Gods quarrell upon such perfidious Enemies to the Gospell of Christ who have embrewed their hands in so much Protestant bloud That the Cessation is for their advantage Armes and Ammunition and all manner of Commodities may be brought to them That it is not fit there be any agreement of Peace or respite from hostility with such creatures as are not fit to live more then with Wolves or Tygers or any ravenous Beasts destroyers of mankind We are
Nicholas Sir Edward Walgrove Sir Edward Bishop S â— Robert Owsley Sr Iohn Maney Lord Cholmely Sir Thomas Aston Sir Lewis Dives Sir Peter Osborne Samuell Thorneton Esq Sir Iohn Lucas Iohn Blomey Esq Sir Thomas Chedâ—e Sir Nicholas Kemish and Hugh LLoyd Esq And all such of the Scottish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their proceedings or have Sworne or Subscribed the Declaration against the Convention and Covenant And all such as have assisted the Rebellion in the North or the invasion in the South of the said Kingdome of Scotland or the late Invasion made there by the Irish and their Adherents And that the Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traytors may be removed from His Majesties Councells and be restrained from comming within the Verge of the Court and that they may not without the advice and consent of both Kingdoms beare any Office or have any employment concerning the State or Commonwealth And also that the Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and not rendred themselves before the last of October 1644may be removed from His Majesties Councells and be restrained from comming within the Verge of the Court and that they may not without the advice and consent of both Houses of Parliament beare any Office or have any imployment concerning the State or Common wealth And in case any of them shall offend therein to be guilty of High-Treason and incapable of any Pardon by His Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament in Scotland respectively shall think fit 5. That by Act of â—arliament all Judges and Officers towards the Law Common or Civill who have deserted the Parliament and adhered to the enemies thereof be made incapable of any place of Iudicature or Office towards the Law Common or Civill And that all Serjeants Councellors and Atturneys Doctors Advocates and Proctors of the Law Common or Civill who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any practice in the Law common or civill either in publique or in private And that they and likewise all Bishops Clergy-men and other Ecclesiasticall persons who have deserted the Parliament and adhered to the enemies thereof shall not be capable of any preferment or imployment either in Church or Common-wealth without the advice and consent of both Houses of Parliament 6. The persons of all others to be free of all personall censure notwithstanding any Act or thing done in or concerning this Warre they taking the Covenant 7. The Estates of those persons excepted in the first three preceeding qualifications to pay double Debts and Damages 8. A third part in full value of the Fstates of the persons made incapable of any imployment as aforesaid to be imployed for the payment of the publique Debts and Damages according to the Declaration 9. And likewise a tenth part of the Estates of all other Delinquents within the joynt Declarations and in case the Estates and proportions aforementioned shall not suffice for the payment of the publique engagements whereunto they are onely to be employed that then a new proportion may be appoynted by the joynt advice of both Kingdomes providing it exceed not the one moyety of the Estates of the persons made incapable as aforesaid and that it exceed not a sixt part of the Estate of the other Delinquents 10. That the persons and Estates of all common Souldiers and others of the Kingdome of England who in Lands or Goods be not worth 200l sterling and the persons and Estates of all common Souldiers and others of the Kingdome of Scotland who in Lands or Goods be not worth 100l sterling be at liberty and discharged 11. That an Act be passed whereby the Debts of the Kingdome and the persons of Delinquents and the value of their Estates may be knowne and which Act shall appoynt in what manner the confiscations and proportions before mentioned may be levyed and applyed to the discharge of the said engagements 15. That by Act of Parliament the Subjects of the Kingdome of England may be appoynted to be Armed Trained and Disciplined in such manner as both Houses shall thinke fit the like for the Kâ—ngdome of Scotland in such manner as the Estates of Parliament there shall thinke fit 16. That an Act of Parliament be passed for the setling of the Admiralty and Forces at Sea and for the raising of such Moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall thinke fit the like for the Kingdome of Scotland in such manner as the Estates of Parliament there shall thinke fit 17. An Act for the setling of all Forces both by Sea and Land and Commissioners to be nominated by both Houses of Parliament of persons of knowne integrity and such as both Kingdomes may confide in for their faithfulnesse to Religion and peace of the Kingdomes of the House of Peeres and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall dye others to be nominated in their places by the said Houses which Commissioners shall have power 1. To suppresse any Forces raised without authority of both Houses of Parliament or in the intervalls of Parliaments without consent of the said Commissioners to the disturbance of the publique peace of the Kingdomes and to suppresse any Forraigne Forces that shall invade this Kingdome and that it shall be high Treason in any who shall Leavy any Force without such authority or consent to the disturbance of the publique peace of the Kingdomes any Commission under the Great Seale or warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be setled and to prevent all disturbance of the publique Peace that may arise by occasion of the late troubles so for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdome of Scotland to assist and Vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdome of Scotland is onely concerned so for the Kingdome of Scotland 4. That the Commissioners of both Kingdomes may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to doe as followeth 1. To preserve the Peace betwixt the Kingdomes and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any troubles arising in the Kingdoms by breach of the said Articles and to
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
of the doubts which may arise in many consciencious men who have been ordained by Bishops since that time which may seem to be likewise declared voyde by this Bill and so at least to discountenance all Acts which have insued by vertue of that Ordination and thereby many Questions may arise in Law concerning Marriages Legitimations and Descents of Inheritance and for many other reasons exprest in our Conference and Debate We conceive that your Lordships may be satisfied that this individuall Bill ought not to passe For the matter then of the said Bill The extirpation of Episcopacy we desire your Lordships to consider That it is evident and we conceive consented to on all parts that it hath continued even from the Apostles times by continuall Succession in the Church of Christ till within these few yeares without intermission or interruption and then how perilous a thing it must be and prejudiciall to the publique peace to remove and destroy a forme of Government so long exercised in this Kingdomâ—â—nd under which we have enjoyed as great a measure of happinesse to say no more as any Nation in Christendome and which your Lordships have not pretended to be unlawfull before wee particularly see the Modell of that Governement and Iurisdiction which is to be established in the place thereof That thereby we may be assured that it be such to which as well those who like as all those who dislike the present Governement will submit Otherwise Peace which is the maine end and pretence for Alterations cannot be established and therefore we very earnestly beseech your Lordships to consider and weigh whether without shaking Foundations it be not much better and more agreeable to Christian Prudence and Charity to remove those particulars from â—he present Government and make such alterations therein as may most probably give satisfaction to all persons seriously disturbed or afflicted in their Consciences Then by destroying the whole to give just Offence and Scandall to very many pious and Religious Persons Vnder these Considerations and for the Vniting and reconciling all Differences between Vs in the matter of Religion and procuring a blessed Peace We are willing That Freedome be left to all Persons of what Opinions soever in matters of Ceremony and that all the penalties of the Lawes and Customes which injoyne those Ceremonies be suspended That the Bishop shall exercise no Act of Iurisdiction or Ordination without the consent and counsell of the Presbyters who shall be chosen by the Clergy of each Diocesse out of the learnedest and gravest Ministers of that Diocesse That the Bishop keep his constant residence in his Diocesse except when he shall be required by His Majesty to attend Him on any occasion and that if he be not hindred by the infirmities of old Age or sicknesse he Preach every Sunday in some Church within his Diocesse That the Ordination of Ministers shall be alwayes in a publique and solemne manner and very strict Rules observed concerning the sufficiency and other Qualifications of those men who shall be received into Holy Orders and the Bishop shall not receive any into Holy Orders without the approbation and consent of the Presbyters or the Major part of them That competent maintenance and provision be established by Act of Parliament to such Vicarages as belong to Bishops Deanes and Chapters out of the Impropriations and according to the value of those Impropriations of the severall Parishes That for the time to come no man shall be capable of two Parsonages or Vicarages with Cure of Soules That towards the setling of the publique Peace one hundred Thousand pounds shall be raised by Act of Parliament out of the Estates of Bishops Deanes and Chapters in such manner as shall be thought fit by the King and two Houses of Parliament without the Alienation of any of the said Lands That the Iurisâ—iction in Causes Testamentary Decimall Matrimoniall be setled in such manner as shall seem most convenient by the King and two Houses of Parliament And likewise that one or more Acts of Parliament be passed for regulating of Visitations and against immoderate Fees in Ecclesiasticall Courts and the aâ—uses by frivolous Excommunications and all other abuses in the Exercise of Ecclesiasticall Iurisdiction in such manner as shall be agreed upon by His Majesty and both Houses of Parliament And if your Lordships shall insist upon any other thing which your Lordships shall think necessary for Reformation We shall very willingly apply our selves to the consideration thereof 13. February FOr the confirmation of the Ordinances concerning the LVII calling and sitting of the Assembly of Divines and the taking the Covenant We conceive neither of them need be insisted on if the alterations of Church-Government be agreed upon between Vs And if it be not it will not be reasonable that We consent to those Ordinances And for the Covenant We cannot advise His Majesty to Sweare and signe the same nor consent that an Act of Parliament should passe for enjoyning the taking thereof by His Majesties Subjects 13. February WEE doe not yet conceive that the Directory for LVIII publicke Worship delivered to Vs by your Lordships ought to be enacted Or that it is so likely to procure and preserve the Peace of this Kingdome as the Liturgy or Common Prayer-Book already established by Law against which we have not yet received from your Lordships any objections which Liturgy as the same was compiled by many learned and Reverend Divines of whom some dyed Martyrs for the Protestant Religion We conceive to be an Excellent Forme for the Worship of God and hath been generally so held throughout this Kingdome till within these two or three yeares at the most And therefore since there are no inconveniences pretended to arise from the Book of Common-Prayer to which we conceive the Directory is not more liable and since there is nothing commendable in the Directory which is not already in the Book of Common-Prayer we conceive it much better and more conducing to the Peace of this Kingdome still to observe the said Forme with such Dispensations as we have expressed in our first Paper now presented to your Lordships and if there shall be any Alterations proposed by your Lordships of such particulars in the Book of Common-Prayer as good men are scrupled at we shall willingly endeavour to give your Lordships satisfaction in those particulars But as yet can make no further or other Answer then we have already done But shall be ready to receive such Objections as your Lordships shall think fit to make against the Book of Common-Prayer and your Reasons for introducing the Directory And for the Proposition concerning Church-Government annexed to your first Paper We have no Information how that Government shall be constituted in particular or what Iurisdiction shall be established or by whom it shall be granted or upon whom it shall depend And therein also we desire further Information from your Lordships 13. February WEE
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
your Lordships will not refuse to do it But if neither that nor the other Proposition that the Government intended to be introduced by your Lordships is the only Government that is agreeable to the word of God can be evinced We hope your Lordships will rest satisfied with the reasons we have given your Lordships in writing why we cannot consent to your Propositions concerning Religion as they are made and insisted on by your Lordships and that we have offered your Lordships a remedy against all the inconveniencies that have bin ever pretended in the Government as is now established by Law and which ought not upon lesse reasons then we have mentioned to be taken away Their Reply 21. Feb. VVE do not conceive that the continuall Succession of Episcopacy from the Apostles time hath bin at all manifested LXX to us in Conference to your Lordships and for what your Lordships mention concerning a Nationall Church it is a new Question which hath not as yet bin any part of the Subject of our Debate But we desire to bring that to a conclusion which is in issue between us and not doubting but that your Lordships are fully satisfied That Episcopacy is not Iure Divino we are ready by Conference to shew the unlawfulnesse of that Episcopacy which we desire to take away by our Bill and that the Government which we propose is agreeable to the Word of God In pursuance of this paper the most part of the next day being the last of the Treaty was spent in dispute between the Divines and after their Commissioners delivered in this paper 22. Feb. HAving the last night given in a paper unto your Lordships wherein we signified that we doubted not but that you were LXXI fully satisfied that Episcopacy was not Iure Divino we are the more confirmed in it because your Lordships have since that time given us nothing in to the contrary and we hope we have by clear Arguments from Scripture and reason this day likewise satisfied you That the government by Arch-Bishops Bishops c. which we desire to be taken away by this Bill is unlawfull and that the Government which we desire to be established is agreeable to the word of God and therefore we desire your Lordships to agree to the passing of this Bill and to give us your full and cleare answer to this and the rest of the Propositions concerning Religion The King's Commissioners Answer 22. February ACcording to your Lordships paper of the last night we attended LXXII your debate this day concerning the unlawfulnes of Episcopacy but did neither then nor do now acknowledg our Selves convinced by any Arguments offered by you that Episcopacy is not Iure Divino the same having bin the opinion of very many Learned men in all ages which we do not censure or determine but not insisted on by us as the ground of any Answer we have delivered to your Lordships and we are so far from being satisfied with the Arguments from Scripture and reason this day urged to prove that the Government by Arch Bishops Bishops c. which you desire to be taken away by this Bill is unlawfull that the weightiest Arguments which were urged in our Iudgments concluded at most against those inconveniencies which are remedied by the Alteration offered by us to your Lordships in our * See before no. 56. Paper of the 13. of this Moneth and it seems strange to us that your Lordships should think that Government without which no Nationall Church hath bin since the Apostles times till within these few yeares to be unlawfull and for the Government desired by you to be established your Lordships have not offered any such particular Form of Government to us that may inable us to Iudge thereof and we cannot but observe that the Arguments produced to that purpose were only to prove the same not unlawfull without offering to prove it absolute necessary and therefore we conceive our Answer formerly given to your Lordships concerning that Bill and your Propositions concerning Religion is a just and reasonable Answer After the first three daies of the Treaty spent upon the businesse of Religion according to the Order formerly prescribed the Propositions concerning the Militia were next Treated upon the three daies following beginning the fourth of February and the same was after resumed the 14. of February for other three daies Their Propositions touching the Militia 4. Febr. WEE desire that by Act of Parliament the Subjects of LXXIII the Kingdom of England may be appoynted to be Armed Trayned and Disciplined in such manner as both Houses shall think fit The like for the Kingdome of Scotland in such manner as the Estates of Parliament there shall think fit We desire that an Act of Parliament be passed for the setling of the Admiralty and Forces at Sea and for the raysing of such moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit An Act for the setling of all Forces by Sea and Land in Commissioners to be nominated by both Houses of Parliament of Persons of known integrity and such as both Kingdoms may confide in for their faithfulnesse to the Religion and Peace of the Kingdome of the House of Peeres and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit And when any shall dye others to be nominated in their places by the said Houses which Commissioners shall have power First to suppresse any Forces raised without authority of both Houses of Parliament or in the intervals of Parliaments without consent of the said Commissioners to the disturbance of the publique Peace of these Kingdoms and to suppresse any Forraigne Forces that shall invade this Kingdom and that it shall be high Treason in any who shall leavy any Forces without such authority or consent to the disturbance of the publique Peace of the Kingdom any Commission under the Great Seale or other warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be setled and to prevent all disturbances of the publique Peace that may arise by occasion of the late troubles So for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and Vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned So for the Kingdome of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid
to doe as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any troubles arising in the Kingdoms by breach of the said Articles and to heare and determine all differences that may occasion the same according to the Treaty and to doe further according as they shall respectively receive instructions from both Houses of Parliament in England or the Estates of Parliament in Scotland And in the intervals of Parliaments from the Commissioners for the preservation of the publique Peace 3. To raise and joyne the Forces of both Kingdoms to resist all Forraigne Invasion and to suppresse any Forces raised within any of the Kingdoms to the disturbance of the publique Pence of the Kingdoms by any authority under the Great Seale or other warrant whatsoever without consent of both Houses of Parliament in England and the Estates of the Parliament in Scotland or the said Commissioners of that Kingdome whereof they are Subjects And that in those cases of joynt Concernâ—ment to both Kingdoms the Commissioners to be directed to be there all or such part as aforesaid to Act and direct as joynt Commissioners of both Kingdomes We desire that the Militia of the City of London may be in the Ordering and government of the Lord Major Aldermen and Commons in Common-Councell assembled or such as they shall from time to time appoynt whereof the Lord Major and Sheriffs for the time being to be three And that the Militia of the Parishes without London and the Liberties within the Weekly Bills of Mortality may be under the command of the Lord Major Aldermen and Commons in Common-Councell of the said City to be ordered in such manner as shall be agreed on and appoynted by both Houses of Parliament We desire that the Tower of London may be in the Government of the City of London and the chiefe Officer and Governour thereof from time to time be nominated and removeable by the Common-Councell And that the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent And that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future After these Propositions made the King's Commissioners for their Information concerning these Propositions gave in severall Papers The King's Commissioners Paper 4. February WE conceive the Propositions delivered by your Lordships LXXIV concerning the Militia import very great alterations in the maine foundation of the Frame of Government of this Kingdome taking by expresse words or by necessary consequence the whole military and Civill power out of the Crown without any limitation in time or reparation proposed Therefore we desire to know for what terme you intend the Militia shall be setled in such manner as may be a reasonable and full security which we are ready and desirous to give to preserve the Peace now to be setled and to prevent all disturbances of the publique peace that may arise by occasion of the late Troubles For the better doing whereof we are ready by conference to satisfie your Lordships in any particulars Their Answer 4. Feb. OVr Paper given in to your Lordships concerning the Militia LXXV doth not containe the alterations mentioned in your Lordships Answer but desires that which by the wisdome of the Parliaments of both Kingdomes is judged necessary at this time for the security of His Majesties Kingdomes and preservation of the Peace now to be setled and untill your Lordships shall declare an assent unto the matter therein expressed we conceive it will not be seasonable to give any answer concerning the time And we are ready to conferre with your Lordships upon what shall be offered by you to our Paper concerning the Miâ—itia formerly delivered The King's Commissioners Reply 4. February WE are of opinion that the Propositions in your Lordships LXXVI Paper containe the Alterations mentioned in the paper we lately delivered to your Lordships and take by expresse words or necessary consequence the whole Military and Civill Power out of the Crowne which alterations we are ready to make appeare in debate And the alterations being so great we have reason to desire to know the limitation of time the consideration of which makes the Propositions more or lesse reasonable The King's Commissioners second Paper 4. February VVE desire to know who the Commissioners shall be in LXXVII whose hands the Forces by Sea and Land shall be entrusted And whether you intend His Majesty shall be obliged to consent to such Persons or whether He may except against them and name others in their places of knowne affection to Religion and Peace Their Answer 4. February THe Commissioners in whose hands the Forces by Sea and LXXVIII Land shall be entrusted are to be nominated for England by both the Houses of the Parliament of England and for Scotland by the Estates of the Parliament of Scotland as is expressed in our Paper formerly delivered to your Lordships concerning the Militia The King's Commissioners Reply 4. February WEE desire a full answer to our Paper concerning the Persons LXXIX to be entrusted with the Militia it being very necessary to know the persons before consent can be given to the matter and whether His Majesty may except against any such persons and nominate others in their roomes against whom there can be no just exception The King 's Commissioners 3d Paper 4. February VVE desire to know whether your Lordships intend that LXXX the Militia of the City of London shall be independent and not subordinate to those Commissioners in whose hands the Forces by Sea and Land shall be entrusted Their Answer 4. Febr. IT appeares by the Propositions concerning the Milisia of the LXXXI City of London that the same is to be ordered in such manner as shall be agreed on and appoynted by both Houses of Parliament The King's Commissioners Reply 4. February VVE desire an answer to our Paper concerning the Militia LXXXII of the City of London whether the same shall be subordinate to the Commissioners in whose hands the Forces by Sea and Land are to be intrusted your Lordships Answer that the same is to be ordered in such manner as shall be agreed on and appoynted by both Houses of Parliament which yet doth not appeare by the Propositions being no answer to the question The King's Commissioners Paper 5. February HAving with great diligence perused your Lordships Paper LXXXIII concerning the Militia and being very desirous to come to as speedy a conclusion in that Argument as we can We will be ready to morrow to give your Lordships our full Answer which we are confident will give your Lordships fatisfaction concerning the matter of the Militia of this Kingdome The King's Commissioners Paper in Answer to the Propositions concerning
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
Lords day The King's Commissioners Reply 22. February WE cannot expresse the great sadnesse of our hearts that CXCVI. all our earnest endeavours to give your Lordships satisfaction in all particulars of this Treaty have produced no better effects towards a blessed Peace which His Majesty and we who are trusted by him doe so heartily pray for and that so many and great offers made by us to your Lordships in the particulars we have treated upon should not be thought a good progresse on our part in the said Treaty as we find by your Lordships last paper to our great griefe they are not and therefore that this must be the last day of the Treaty we desire your Lordships to consider that we being intrusted by His Majesty to Treat with your Lordships for a safe well grounded Peace have upon the matter of your Lordships Propositions consented to so many particulars and alterations of very great importance and that your Lordships who were to Treat with us have not abated one tittle of the most severe and rigorous of your Propositions saving what you were pleased the last night to propose in the poynt of time concerning the Militia which though it seems to be limited to seaven years in truth leaves it as unlimited as it was before in your Propositions for at the end of seaven years it must not be exercised otherwise then shall be setled by His Majesty and the two Houses of Parliament so that all the legall power now in His Majesty is taken away and not restored after the seaven years expired Neither is there a full consent to that limiration offered by your Lordships the Commissioners of the Parliament of Scotland Nor have your Lordships offered to us any prospect towards Peace other then by submitting totally to those Propositions the which if we should doe we should consent to such alterations as by constructions and consequences may dissolve the whole frame of the present Government both Ecclesiasticall and Civill in this Kingdom And though the particulars proposed by your Lordships have by debate appeared not only evidently unreasonable but literally considered to comprehend things to be extended to powers not intended by your selves yet your Lordships have not been pleased either to restraine or interpret any particular in any other manner then is set forth in the said Propositions In the matter of Religion we have offered all such alterations as we conceive may give satisfaction to any objections that have been or can be made against that Government and have given your Lordships reasons not only why we cannot consent to your Lordships Propositions but that even those Propositions if consented to could not be in order to a Reformation or to the procuring the publique Peace And we must desire your Lordships to remember that though you doe not only in your Covenant which you require may be taken by His Majesty and injoyned to be taken by all His Subjects undertake the Reformation in poynt of Government but even in poynt of Doctrine too thereby laying an imputation upon the Religion it selfe so long professed in this Kingdom with the generall approbation of all reformed Churches yet your Lordships have not given us the least argument nor so much as intimated in your debate the least Prejudice to the Doctrine of the Church of England against which we presume you cannot make any colourable objection nor have you given us the view in particular of the Government you desire should be submitted to in the place of that you propose to be abolished and therefore we propose to your Lordships if the alterations proposed by us doe not give your Lordships satisfaction that so great an alteration as the totall abolition of a Government established by Law may for the importance of it and any reformation in Doctrine for the scandall of it be suspended till after the disbanding of all Armies His Maiesty may be present with the two Houses of Parliament and calling a Nationall Synod may receive such advice both from the one and the other as in a matter of so high concernment is necessary And we are most confident that His Majesty will then follow the advice which shall be given him And as any Reformation thus regularly and calmely made must needs prove for the singular benefit and Honour of the Kingdom so we must appeale to your Lordships whether the centrary that is an alteration even to things though in themselves good can by the principles of Christian Religion be enforced upon the King or Kingdom In the businesse of the Militia though your Lordships doe not deny that the Iealousies and apprehensions of danger are mutuall and that the chiefe end of depositing the Militia in the hands of certain Persons is for security against those Jealousies and possible dangers yet your Lordships insist That all those Persons to be entrusted shall be nominated by the two Houses of Parliament in England and the Estares of the Parliament in Scotland and that the time for that great Generall and unheard of Trust shall be in such manner that though it seem to be limited to seaven years yet in truth by declaring That after those scaven years it shall not be otherwise exercised then His Maiesty and the two Houses of Parliament shall agree and His Maiesty may thereby be totally and for ever divested of the power of the Sword without which He can neither defend himselfe against Forteigne Invasions or Domestick Insurrections or execute His Kingly Office in the behalfe of His Subjects to whom He is Sworne to give Protection And to both these your Lordships adde the introducing a Neighbour Nation governed by distinct and different Lawes though united under one Soveraigne to a great share in the Government of this Kingdom In stead of consenting to these Changes we have offered and proposed to your Lordships That the Persons to be Trusted with the Militia of the Kingdom may be nominated between us or if that were refused That an equall number shall be named by you and the other number by His Majesty and that halfe the Forts and places of strength within the Kingdom shall be in the custody of those whom you think fit to be trusted therewith the other halfe in such hands as His Majesty please to commit the same to And all persons as well those nominated by your Lordships as by His Majesty to take an Oath for the due discharge of the said Trust which being considered as the sceurity is mutuall so neither part can be supposed to violate the agreement without very evident inconvenience and danger to that part who shall so violate it the whole Kingdom being likely and indeed obliged to look upon whosoever shall in the least degree violate this agreement as the authors of all the miseries which the Kingdom shall thereby suffer And as it is most reasonable that for this security His Majesty should part with so much of his own power as may make him even
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
HAving received an account of the passages of the late Treaty from our Commissioners We caused a Narrative thereof to be made and published wherein besides the necessary connexions there is nothing set down but what paâ—â—ed in writing But because their last Paper upon the subject of the Militia and two last Papers concerning Ireland were delivered upon the close of that Treaty although We conceive the answers given in the papers formerly delivered by Our Commissioners are abundantly sufficient to give satisfaction to those also Yet because there may be a want of memory in some and of observation in others who shall read that Narrative to bring home and apply the former answers of Our Commissioners to those papers and because they seeme to expect answers which the Treaty being determined cannot be given by Our Commissioners and to vindicate Our Selfe from many passages scattered in those papers particularly reflecting upon Our Person and Royall Authority We have thought fit for the the further satisfaction of all Our good People to make these ensuing answers And first to that * See it in the Narrative no. 136. Paper concerning the Militia WHoseover shall observe the passionate expressions in the close of this Paper wherein they do most earnestly desire Our Commissioners as they tender the deplorable Estate of these bleeding Kingdomes the setling Religion Our Honour and the composing these miserable distractions to give full and cleare answers to the demands concerning the Militia might very well believe that they who so importunately demanded would as willingly have received an answer But when it shall be considered that this pâ—per was not delivered in till after two of the clock in the morning upon the breaking off the Treaty when â—hey had denyed any furthâ—r time to treat or to receive any papers dated as within the time of the Treaty as formerly was mutually done and this very paper of theirs delivered in truth upon the 23 was received as dated the 22 of February it will be most apparent they kept it as a Reserve to be purposely by designe delivered so as it should remaine unanswered For the matter of that paper They say they have by their answers satisfied the severall questions proposed to them by Our Commissioners touching the Militia It was necessary they should have done so that it being proposed to Vs to part with so great a trust as the power of the Sword and to put it wholly out of Our own hands we might know how and to whom and for what time and upon what termes We parted with it But We will look back upon some of their answers that it may appeare what they are Our Commissioners desired to know who the Commissioners should be in whose hands the Forces both by Sea and Land See the Narrative no. 77. should be entrusted and whether we might except against such persons and name others in their places of knowne affections to Religion and Peace To that part of the question whether we might except against the Persons they made no answer To the other part requiring who the Commissioners should be they answered That the Commissioners were to be named for No. 78. England by the two Houses and for Scotland by the Estates of the Parliament there whereas the question was not who should name those Commissioners but who they were that should be named a thing most necessary for us to know before we entrusted them with so great a power Our Commissioners desired to know whether the Militia No. 80. of London should be independent and not subordinate to those Commissioners They answered It appeared by the Propositions No. 8â— the same was to be ordered in such manner as should be agreed on by both Houses Which was no answer to the question though likewise necessary to be knowne the Militia of London being so great and of such importance Our Commissioners desired to know what Authority the No. 105 107. Commissioners nominated by the Estates of the Parliament of Scotland were to have in the Militia and setling of all Forces by Sea and Land in this Kingdome and what influence the advices and orders from the Estates of that Parliament should have upon this Kingdome They answered That might be No. 106 107 112. fully satisfied by the Propositions concerning the Militia And though Our Commissioners desired it they could get no other answer from them in writing Our Commissioners desired to know what Iurisdiction they No. 109. intended the Commissioners of both Kingdomes should have by the power given to them to heare and determine all differences that might occasion the breach of the Articles of the Peace and by what Law they should proceed to heare and determine the same They answered That the Commissioners No. 110. were to proceed in such manner as was expressed in the Propositions Whereas the Propositions expresse no more then what is contained in the words of the question And being further pressed to an answer they answered That the matter of the No. 111. Iurisdiction of the Commissioners was expressed in the Propositions and for the manner of exercising of it and by what Law they should proceed The same was to be setled by the two Houses of the Parliament of Enâ—land and the Estates of the Parliament of Scotland respectively This being no answer and a full and direct answer being required to these questions the answer No. 113. 115. given was That they referred themselves therein to their former answers Our Commissioners desired to see the Act of the late Treaty No. 116. for the setling of the Garrison of Berwick of the 29th of November 1643. being made betwixt the two Houses and those of Scotland without Our Privity as relaâ—ing to the businesse of the Militia They answered It was not then to be Treated on No. 117. but was reserved to it's proper time and Our Commissioners could never see it Our Commissioners desired to know whether by the joynt No. 118. power mentioned in the Propositions to be given to the Commissioners for both Kingdomes to preserve the Peace between the Kingdomes and the King and every one of them they intended any other then Military power for suppressing Forces only which question was asked because in the Proposition there are two distinct Clauses one whereby they have that power to preserve the Peace the other whereby they have No. 119. power to suppresse Forces In answer to this they referre Our Commissioners to the Propositions That these answers though made to questions arising upon the doubtfull expressions in their Propositions referring to the Propositions themselves or to what was not then but was after to be setled by the two Houses are not satisfactory answers to those questions is most evident but We doe not wonder they were unwilling We should see the cleare drift of those Propositions the ill consequence whereof which hereafter appears We are willing to beleeve most
to perswade them into a beliefe that evill Counsellors and others prevalent with us did encourage and assist it By this means having a colour to raise Forces and to levy money for the supply of those Forces they might so dispose of both as under a pretence of suppressing the Rebells in Ireland they might thereby also raise a Warre in England for the effecting of their Ambitious and Covetous desires in both Kingdoms And they so carried on this designe that whereas out of Our earnest desire of the reliefe of Our poor Subjects in Ireland and to shew the great sence we had of their miseries We had given way to severall unusuall Bills for raising of Forces and likewise to the Bill for the 400000l for the adventurers and others for raising of Moneys which Moneys by those Acts were to be paid to particular Persons or otherwise out of the ordinary course and not into Our Exchequer as was usuall in like cases thence to be issued for publique use those supplies were diverted and imployed to feed and nourish a Rebellion in England rather then to suppresse that in Ireland Thus 100000l of the Adventurers Money was impâ—oyed for the Earle of Essex his Army when he first Marcht against us and that imployment of it though contrary to the expresse words of the Act which are that no part of that Money shall be imployed to any other purpose thâ—n the reâ—uâ—ing of those Rebels was publiquely justified by a Declaration made in the name of the House of Commons the 6th of September not long before the Battaile at Edge-Hill and at the same Bartaile severall Regiments of Horse and Foot raised for Ireland under the Command of the Lord Wharton Lord of Leny S Faithfull Fortescue and others were imployed against us at Edge-hill the moneys raised upon the Bill of 400000l others have been wholly made use of against Vâ— And it was impossible without thus working themselves under the specious pretence of suppressing the Rebellion of Ireland into the managery of that Warre and misapplying the ayds intended for Ireland to have brought this Kingdom into the bleeding and desperate condition wherein it now languisheth The Propositions concerning Ireland as they are insisted upon by these Commissioners though in charity we shall hope not so intended by all of them are apparently in pursuance of that originall designe in begetting a suspition of our integrity in that businesse of Ireland and ingrossing the managing of that Warre and the Power of that Kingdom into their hands They would have the Cessation which We have avowed to be assented to by Vs and advised as most necessary for the preservation of that Kingdom to tend to the utter destruction of the Protestants there and the continuance of the Ceslation there though but during the Warre here to be a countenancing of that bloudy Rebellion and We Our selves are charged to be privy and to give directions for the seising of some provisions made and sent for the supply of â—he Protestants in Ireland In the next place concerning the Warre there they demand that the prosecution of that Warre be setled in both Houses of Parliament to be managed by the advice of both Kingdoms of England and Scotland that is a Committee of both Kingdoms those of each Kingdom to have a negative voyce And all the Forces there to be under the Command of the Scotch Generall The Lievtenant and other great Officers and Judges there to be nominated by both Houses and that we should consent to passe all Acts to be proposed by them for the raysing of moneys and other things necessary for the prosecution of that Warre And notwithstanding all the zealous and patheticall expressions in those Papers desiring the continuance of that Warre and the execution of Iustice upon those Rebels It is not barely the prosecution of the Warre in zeale of Iustice that is desired that might be managed either by Vs whom God and the Law have entrusted solely with that power and whose Prâ—decessors have alone and without the concurrence of their Parliaments other then by competent assistance with Moneys suppressed great Rebellions in that Kingdom or by fit Ministers to be appointed upon just occasion to be removed by Vs They have not made any the least Proposition or desire to that purpose But they insist upon such a prosecution of the Warre wherein those who are in Armes against us may have the sole managing of the Warre and of moneys to maintaine that Warre even while they are in Armes against Vs. For the Cessation already made it is apparent it was the onely visible meanes whereby the Kingdome was preserved the poore Protestants there being in danger inevitably to have perished either by Famine for want of Food or by the Rebells for want of Ammunition there being not above Forty Barrells of Powder there as appears by the Letters of the Lords Iustices and Councell of Ireland mentioned by Our Commissioners and no supplies of Victualls or Money sent in six months time before those Letters although Our Ships were then taken away from Vs and all the Forces at Sea belonging to this Kingdom were under their command Neither could the not making voyd or declaring against that Cessation have hindered a Peace upon this Treaty if it had been intended really on their part it being to expire in March and so before the Treaty could probably have been perfected and there being no further Peace or Cessation made in Ireland And therefore Our Commissioners did earnestly desire them to make such Propositions as were fit to be consented to for the growth of the Protestant Religion and the good of that Kingdom But instead of such Propositions they still except against the Cessation and though expiring within a moneth they insist upon their demands of an Act of Parliament to make that Cessation voyd to which if We should have consented as We must have rendered our selves uncapable of being trusted at any time after and odious abroad in breaking that Cessation solemnely made by our publique Ministers of State in Ireland and after consented unto by our selves so we must have implicitely confessed contrary to the truth that which they alleadge against the Cessation that it was destructive to the Protestants there and a countenancing of that bloudy Rebellion and thereby having lost the Plea of our innocencie have also lost the hearts of Our people and rendred our selves guilty of those infamous slaunders which have bin charged upon Vs concerning the Irish Rebellion and which some were so willing to fix upon Vs that even during this Treaty when Mack Quire was impeached by them for this Rebellion for which he was by them after executed though they well knew confessions of men in his condition in hopes of Pardon or Reprives are not to be credited he was strictly examined concerning Vs as We are credibly informed whether or no We gave any Commission to the Rebels of Ireland or any assistance to them and if
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