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
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
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
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
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
have no influence upon the affaires of the other but such as is and shall be mutually agreed upon by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland And for the Jurisdiction of the Commissioners and by what Law or rule they shall proceed we have given your Lordships a full and cleare answer thereunto in our 5 * See before no. 111. paper of the 15 of February The King's Commissioners Paper 17. February IN the 12th Proposition your Lordships desire an Act to be CXVI passed for confirmation of the late Treaty for the setling of the Garrison of Berwick of the 29 of Novemb. 1643. which relating to the businesse of the Militia we hold it necessary to see before we can make our full answer upon the whole and desire it accordingly of your Lordships Their Answer 17. Feb. AS for what concernes the Act for Confirmation of the late CXVII Treaty and for setling the Garrison of Berwick It is not now to be Treated upon but is reserved to its proper time The King's Commissioners Paper 17. February VVE desire to know whether by the joynt power mentioned CXVIII in your Lordships Propositions to be given to the Commissioners for both Kingdomes to preserve the Peace between the Kingdomes and the King and every one of them your Lordships doe intend any other then Military power for suppressing Forces oâ—ely which is expressed after in a distinct clause by it selfe And if your Lordships doe intend any further power that your Lordships would declare the same in certainty and particular Their Answer 17. Feb. VVE conceive the power of the Commissioners mentioned CXIX in the 17th Proposition is there fully expressed to preserve the Peace betwixt the Kingdomes to prevent the violation of it or any troubles arising in the Kingdoms by breach of the Articles and to heare and determine all differences which may occasion the same according to the Treaty and to raise Forces to resist Forreigne Invasion and suppresse intestine Insurrections as is more at large set downe in the Proposition to which we referre your Lordships The King's Commissioners Paper 17. February VVE desire to know whether the Commissioners of CXX both Kingdomes meeting as a joynt Committee The Commissioners of each Kingdome shall have a Negative voyce so as nothing can be done without their joynt consent in matters of joynt concernment And how and by whom it shall be decided what are cases of joynt concernment to both Kingdomes Their Answer 17. Feb. IN all matters of joynt concernment the Commissioners of both CXXI Kingdomes are to Act joyntly And when they shall meet as a joynt Committee upon such matters of joynt concernment the Commissioners of each Kingdome are to have a Negative voyce And in doubtfull cases not expressed in the 17th Proposition to be of joynt concernment where the Commissioners cannot agree whether or no they be of joynt concernment they are to represent them to the two Houses of Parliament of England and the Estates of the Parliament of Scotland respectively to be by them determined if they be sitting and in the intervalls of Parliament if the cases be such as cannot without prejudice to both or either Kingdome admit of delay we conceive the Commissioners of each Kingdome are to Act severally and to be accomptable for it to the two Houses of Parliament of England and the Estates of the Parliament of Scotland respectively at their next sitting The King's Commissioners Paper 17. February WE desire to know whether by the Propositions for setling CXXII the Forces in Commissioners to be nominated by both Houses of Parliament such as both Kingdomes may confide in your Lordships do intend That the Estates of the Parliament of Scotland shall approve or except against the Commissioners to be nominated for the Kingdome of England both at present and from time to time as the Commissioners shall dye or be removed or altered Their Answer 17. Feb. VVE conceive it to be plaine by the Proposition it selfe that CXXIII the Commissioners of both Kingdomes are respectively to be nominated by the Parliaments of either Kingdome and neither Parliament hath power to except against or approve the persons chosen by the other and we are confident there will be no cause of exception but who are chosen by either will be such as both may confide in The King's Commissioners Paper 14. February WE desire to know whether your Lordships intend by CXXIV Tâ—â— Admiralâ—y is an of fice of Inheritance in Scotland and setled by Act of Parilament your proposition concerning the setling of the Admiralty of Scotland by Act of Parliament to alter the inheritance of any person which is already setled by the Lawes of that Kingdom Their Answer thereunto 15. Feb. TO your Lordships fourth Paper of the 14 of Feb. it is answered CXXV that by our Propositions for setling the Admiralty of Scotland by Act of Parliament it is intended that the Admiralty and Forces at Sea c. shall be setled in such manner as the Estates of Parliament there shall think fittest for the safety and security of that Kingdom And as touching the inheritance of any person which is already setled by the Lawes of that Kingdom the Estates of Parliament will do that which is agreeable to Iustice The King's Commissioners Paper 15. Febr. VVE desire to know whether the Papers delivered to us CXXVI touching the Militia containe all your Lordships Propositions touching the Militia of England and Scotland and if they do not that your Lordships will deliver the rest that we may make our answers upon the whole Their Answer 15. Feb. VVHatsoever is contained in the Propositions concerning the CXXVII Militia of England and Scotland is delivered in to your Lordships except the 23 Proposition and the last Article in the 26 Proposition which are reserved for their proper place After all these passages the King's Commissioners delivered in this Paper in further answer to their Propositions concerning the Militia 17. February VVE had no purpose in our * No. 84. answer delivered by us to CXXVIII your Lordships on the 6th day of February to divide our answers concerning the Militia of the two Kingdoms otherwise then in poynt of time and till we might receive satisfaction from your Lordships concerning the powers to be given to the Commissionâ—rs of both Kingdoms and the other particulars mentioned in our Papers since delivered to your Lordships wherein we are not as yet satisfied by any Papers delivered by your Lordships to us Our further answer to those Propositions concerning the Militia is that we are willing and doe agree That the like course shall be taken and observed touching the Militia of the Kingdome of Scotland as is offered in our said paper of the 6th of February and as shall be hereafter agreed on for the Kingdome of England which we conceive to be a full security for
carefull Election they may by providing for the good of that now miserable Kingdome discharge their duty to God the King and their Country And certainly if it be necessary to reduce that Kingdome and that the Parliament of England be a faithfull Councell to His Majesty and fit to be trusted with the prosecution of that Warre which His Majesty was once pleased to put into their hands and they faithfully discharged their parts in it notwithstanding many practices to obstruct their proceedings as is set forth in severall Declarations of Parliament then we say your Lordships need not think it unreasonable that His Majesty should engage himselfe to passe such Acts as shall be presented to him for raising monyes and other necessaries for that Warre for if the Warre be necessary as never War was more that which is necessary for the maintaining of it must be had and the Parliament that doth undertake and manage it must needs know what will be necessary and the People of England who have trusted them with their Purse will never begrudge what they make them lay out upon that occasion Nor need His Majesty feare the Parliament will presse more upon the Subject then is fit in proportion to the occasion It is true that heretofore Persons about His Maiesty have endeavoured and prevailed too much in possessing him against the Parliament for not giving away the money of the Subiect when His Maiesty had desired it But never yet did His Maiesty restraine them from it and we hope it will not be thought that this is a fit occasion to begin We are very glad to find that your Lordships are so sensible in your expressions of the Bloud and horror of that Rebellion and it is without all question in His Majesties Power to do Justice upon it if your Lordships be willing that the Cessation and ali Treaties with those bloudy and unnaturall Rebels be made voyd and that the prosecution of the Warre be setled in the two Houses of the Parliament of England to be managed by the joynt advice of both Kingdomes and the King to assist and to doe no Act to discountenance or molest them therein This we dare affirme to be more then a probable course for the remedying those mischiefs and preserving the remainder of His Maiesties good Subiects there We cannot believe your Lordships will think it fit there can be any Agreement of Peace any respight from hostility with such Creatures as are not fit to live no more then with Wolves or Tygers or any ravennous Beasts destroyers of mankind And we beseech you doe not think it must depend upon the condition of His Maiesties other Kingdomes to revenge or not revenge Gods quarrell upon such perfidious Enemies to the Gospell of Christ who have imbrued their hands in so much Protestant bloud but consider the Cessation that is made with them is for their advantage and rather a protection than a Cessation of Acts of hostility as if it had been all of their owne contriving Armes Ammunition and all manner of Commodities may be brought unto them and they may furnish themselves during this Cessation and be assisted and protected in so doing that afterwards they may the better destroy the small remainder of His Maiesties Protestant Subjects We beseech your Lordships in the bowells of Christian charity and compassion to so many poor Soules who must perish if the strength of that raging Adversary be not broken and in the Name of him who is the Prince of Peace who hates to be at Peace with such shedders of Bloud give not your consents to the continuation of this Cessation of Warre in Ireland and lesse to the making of any Peace there till Justice have been fully executed upon the Actors of that accursed Rebellion Let not the Judgement of Warre within this Kingdome which God hath layed upon us for our sinnes be encreased by so great a finne as any Peace or friendship with them whatsoever becomes of us if we must perish yet let us goe to our graves with that comfort that we have not made Peace with the Enemies of Christ yea even Enemies of mankind declared and unreconciled Enemies to our Religion and Nation Let not our Warre be a hindrance to that Warre for we are sure that Peace will be a hindrance to our Peace We desire Warre there as much as we doe Peace here for both we are willing to lay out our Estates our Lives and all that is deare unto us in this World and we have made Propositions unto your Lordships for both if you were pleased to agree unto them We can but look up to God Almighty beseech him to oncline your hearts and casting our selves on him wait his good time for the returne of our Prayers in setling a safe and happy Peace here and giving successe to our Endeavours in the prosecution of the Warre of Ireland It had been used by the Commissioners during the Treaty that when Papers were delivered in of such length and so late at night that present particular answers could not be given by agreement between themselves to accept the answers the next day dated as of the day before although they were Treating of another Subject And these two last papers concerning Ireland being of such great length and delivered about twelve of the clock at night when the Treaty in time was expiring so an no answer could be given without such consent and agreement Therefore the King's Commissioners delivered in this Paper 22. February YOur Lordships cannot expect a particular answer from us CLXXIX this night to the two long Papers concerning Ireland delivered to us by your Lordships about twelve of the clock this night but since there are many particulars in those Papers to which if they had been before mentioned we could have given your Lordships full satisfaction And for that we presume your Lordships are very willing to be satisfied in those particulars which so highly reflect upon His Majesty we desire your Lordships to receive the Answers which we shall prepare to those papers in the evening to Morrow dated as of this night and we doubt not to give your Lordships cleare satisfaction therein This desire was not granted nor any Paper delivered in answer to it but soon after the Treaty broke off During the 20. daies Treaty upon Religion Militia and Ireland the particular passages whereof are before expressed some other passages did occurre concerning His Majesties Propositions and particularly for a * It is the sixt of His Majesties Propositions Cessation and touching His Majesties returne to Westminster after disbanding of Armies and further time for continuing or renewing the Treaty which doe here follow And first touching His Majesties Propositions the Kings Commissioners delivered in this Paper the second day of the Treaty I. February WE desire to know whether your Lordships have any CLXXX See His Majesties Propositions n o 8. And the Letter from the Earle of Essex n o 9.
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
Offered if any other doubts yet remaine by conference to cleare them which still we are ready to doe And we have heard nothing just or reasonable for that Cessation It will be made evident that the necessities which by your Lordships were made excuses for the Cessation were created on purpose to colour the same and we are compelled by your Lordships paper to let you know that the Committees of Parliament sent into Ireland to endeavour to supply their necessities were discountenanced by the principall instruments for that Cessation and when they had taken up 2000l upon their personall security for the Army there they were presently after commanded from the Councell by a Letter brought thither from His Majesty by the Lord Ormonds Secretary And when the Officers of the Army were contented to subscribe for Land in satisfaction of their Arreares it was declared from His Majesty that He disapproved of such subscriptions whereby that course was diverted And we doe affirme that what ever summes of money raised for Ireland were made use of by both Houses of Parliament were fully satisfied with advantage and as we are informed before the Bill mentioned in our former paper was refused by His Majesty And for the Regiments of Horse and Foot mentioned by your Lordships to be raised for Ireland and imployed otherwise by the Houses of Parliament It is true that Forces were so designed and when the Money Armes and other Provisions were all ready and nothing wanting but a Commission from His Majesty for the Lord Wharton who was to Command them the same could not be obtained which was the cause those Forces did not goe thither and when twelve Shipps and six Pinnaces were prepared with 1000 or more land Forces for the service of Ireland and nothing desired but a Commission from His Majesty the Shipps lying ready and staying for the same were three weeks together at 300l a day charge yet the same was denyed though often desired And where your Lordships seem to imply that the provisions seized by His Maiesties Forces were going for Coventrey it was made known to His Maiesty that the same were for Ireland And your Lordships must needs conceive that the papers you delivered to us being but Extracts and for that you deny us so to compare them with the Originalls as to have the names of the Persons by whom they were Written it is altogether unreasonable for us to give any credit to them it being manifest by this and our former papers and debates that the Cessation with the Rebels in Ireland is both unjust and unlawfull We therefore insist on our demands concerning Ireland as apparently good for His Maiesties Subjects there and for reducing that Kingdom to His Maiesties Obedience Before His Maiesties Commissioners gave answer to this last paper they being also to answer the rest of the demands concerning Ireland for their necessary information touching some doubts that did arise upon those demands and the Articles of the Treaty of the 6th of August concerning Ireland and Ordinances delivered with them the Kings Commissioners gave in these severall papers The King's Commissioners first Paper 19. February IN the eight Article of the Treaty for the comming of the CL. Scots Army into England dated 29. Nov. 1643. at Edenbourgh delivered to us by your Lordships among the papers for Ireland and desired by the 12th Proposition to be confirmed by Act of Parliament It is agreed that no Cessation nor any Pacification or agreement for Peace whatsoever shall be made by either Kingdome without the mutuall advice and consent of both Kingdomes or the Committees in that behalfe appoynted who are to have full power for the same in case the Houses of the Parliament of England or the Parliament or Convention of Estates of Scotland shall not sit We desire to know whether that Article extend to any Cessation Pacification or Agreement in Ireland The Answer 19. Febr. WE did in answer to your Lordships Paper of the first of CLI February upon the Propositions concerning Religion deliver the Treaty of the 29th of November 1643. mentioned by your Lordships and not among the Papers for Ireland to which it hath no relation The King's Commissioners Reply 20. February YOur Lordships did deliver the Treaty of the 29th of November CLII. 1642. to us with the Papers concerning Ireland and on the 7th day of this instant February and not upon the first of February upon the Propositions concerning Religion Their Answer 20. Feb. WHen your Lordships peruse your Papers you will rest CLIII satisfied with our Answer of the 19th of this instant to your first Paper that day given to us for it will appeare by your Lordships 3d Paper of the first of February and our Paper given to your Lordships in answer of it that the Treaty of the date at Edenbourgh 29 Novemb. 1643. Was delivered to your Lordships on the first of February upon the Proposition of Religion and not upon the 3d of February with the Papers concerning Ireland The Article of the Treaty of the 29. of November 1643. which occasioned these Papers being by their Papers thus acknowledged not to concerne Ireland and so not pertinent to that subject the Kings Commissioners insisted no farther The King's Commissioners second Paper 19. February BY the 13th Proposition it is demanded that an Act be CLIV. passed to settle the prosecution of the Warre of Ireland in both Houses of Parliament of England to be managed by the joynt advices of both Kingdoms We desire to know Whether if the two Kingdoms shall not agree in their advice touching that Warre each have a Negative voyce or whether the Scots Commander in chiefe of the Forces in Ireland may manage that Warre in such case according to his own discretion Their Answer 19. Febr. IN answer to your Lordships second paper the prosecution of CLV the Warre of Ireland is to be setled in the two Houses of the Parliament of England but is to be managed by a joynt Committee of both Kingdoms wherein the Committee of each Kingdom hath a Negative voyce but in case of disagreement the Houses of Parliament of England may prosecute the Warre as they shall think fit observing the Treaty of the sixth of August 1642. between the two Houses and the Estates of the Parliament of Scotland and the Ordinance of the 11th of April 1644. delivered to your Lordships formerly The King's Commissioners third paper 19. February BY the 20th Proposition in the Intervals of Parliament the CLVI Commissioners for the Militia have power to nominate the Lord Deputy of Ireland and other Officers aâ—d Judges there We desire to know whether that power be limited to the Commissioners of both Kingdoms or only to the Commissioners for England and whether in such cases the Commissioners in Scotland shall vote as single persons Their Answer 19. Feb. THe power of the Commissioners in the Intervals of Parliament CLVII to nominate the Lord Deputy
had continued thene since that Cessation have returned Touching the Committee sent into Ireland we have already answered they were not discountenanced by His Majesty in what they lawfully might doe although they went without his Privity but conceive your Lordships will not insist that they should sit with the Privy Councell there and assume to themselves to advise and interpose as Privy Councellors And we againe deny the Subscriptions of the Officers of the Army was diverted by His Majesty and it is well knowne that some Officers apprehending upon some Specches that the drift in requiring Subscriptions was to engage the Army against His Majesty in detestation there of upon those Speeches rent the book of Subscription in peeces For the diversion of the moneys raised for that Warre if they had been since repayed the contrary whereof is credibly informed to His Majesty yet that present diversion might be and we beleeve was a great meanes of the future wants of that Kingdome which indueed the Cessation As to the Lord Wharton's Commission we conceive we have already fully satisfied your Lordships the just reasons thereof For the Letters whereof your Lordships had Copies we conceive that you being thereby satisfied of the Contents and that they came from the Lord Iustices and Councell there your Lordships need not doubt of the truth of the matter And for the names of the single persons subscribing we cannot conceive it is desired for any other purpose then to be made use of against such of them as should come into your Quarters you having not granted though desired that it shall not turn to their prejudice if we should give in their Names Vpon what hath been said it appeares That His Majesties English Protestant Subjects in Ireland could not subsist without a Cessation And that the Warre there cannot be maintained or prosecuted to the subduing of the Rebels there during the continuance of this unnaturall Warre here it is evident to any man that shall consider that this Kingdome labouring in a Warre which imployes all the Force and wealth at home cannot nor will spare considerable Supplies to send abroad or if it could yet whiles there are mutuall Iealousies that there cannot be that concurrence in joynt advices betwixt the King and the two Houses as will be necessary if that Warre be prosecuted And that His Majesty cannot condescend or your Lordships in reason expect His Maiesty should by his Consent to Acts of Parliament for the managing of that Warre and raising monyes to that purpose put so great a power into their hands who during these Troubles may if they will turne that power against Him And it is apparent that the continuance of the Warre here must inevitably cause the continuance of the miseries there and endanger the rending of that Kingdome from this Crowne The King's Commissioners other Paper 10. February WE do very much wonder that it doth not clearly appeare CLXXVI to your Lordships that upon any difference between the Committees of both Kingdoms in the managing the War of Ireland in the manner proposed by your Lordships the War there must stand still or be dissolved for if the Ordinance of the 11th of April be by His Majesties Royall assent made an Act of Parliament as your Lordships desire all the Forces of that Kingdom both Brittish and Scottish are put under the absolute Command of the Earle of Leven the Scottish Generall and the managing the War commited wholy to the Committee of both Kingdoms without any reference to the two Houses of the Parliament of England by themselves so that whatsoever your Lordships say of your intentions that the two Houses of Parliament here shall upon such difference mannage the War which yet you say must be observing the Treaty of the 6th of August and the said Ordinance of the 11th of April it is very evident if that Ordinance should be made a Law the War must stand still or be dissolved upon difference of opinion between the Committee of both Kingdoms or else the Earle of Leven must carry on that War according to his discretion for he is in no degree bound to observe the Orders or directions of the Houses of Parliament in England by themselves neither doth the asking His Maiesties consent at all alter the case from what we stated it to your Lordships in our paper of the 20 of this instant for we said then and we say still that if His Maiesty should consent to what you propose He would devest Himself of all His Royall Power in that Kingdom and reserve no power or authority in Himselfe over that War which is most necessary for His Kingly office to do for your Lordships expression when there shall be a Leivtenant of Ireland we presume your Lordships cannot but be informed that His Maiesty hath made and we doubt not but you acknowledg He hath power to make the Lord Marquisse of Ormond His Leivtenant of that Kingdome and who is very well able to manage and carry on that War in such manner as shall be thought necessary for the good of that Kingdom and there is no question but that the naming the Earle of Leven to be Generall to receive Orders only from the ioynt Committee of both Kingdoms doth more take away the power of the two Houses here then if he were a Native of this Kingdom and to obey the Orders of the two Houses And we conceive it evident that the giving the absolute Command of all Forces both Brittish and Scottish to the Earle of Leven Generall of the Scottish Forces who is to manage the Warre according to the Directions of the ioynt Committee of both Kingdoms doth not amount to lesse then to deliver the whole Kingdom of Jreland over into the hands of His Maiesties Subiects of the Kingdom of Scotland therefore we must aske your Lordships pardon to believe out selves obliged in prudence honour Conseience very much to insist on that Consideration and very earnestly to recommend the same to your Lordships And we conceive it most conducing to the good of His Majesties Service and of that Kingdom that the Lievtenant and Iudges there be nominated as they have alwayes been by His Majesty who will be sure to imploy none in places of so great Trust but such whose knowne ability and integrity shall make them worthy and if at any time he shall find himself deceived by those he shall choose can best make them examples of His Iustice as they have bin of His Grace Favour and we beseech your Lordships to consider how impossible it is for His Maiestie to receive that measure of duty everence and application which is due to Him and His Royall Progenitors have alwayes enjoyed if it be not in His owne immediate power to reward those whom he shall by experience discern worthy of publick trust imployment We have made no difficulty to your Lordships of His Maiesties consenting to Acts for the raising of moneys and
Portions of Tithes Vicaridges Churches Chappell 's Advowsons Nominations Presentations Rights of Patronage Parkes Annuities and other Possessions and Hereditaments whatsoever of what nature or quality soever they be lying and being within every such County or City not hereby limited or disposed of unto His Majesty doe belong or appertaine unto all every or any such Arch-Bishop Bishop Deane Sub-Deane Deane and Chapâ—er Arch-Deacon Chanter Chancellor Treasurer Sub Treasurer Succentor Sacrist Prebendary Canon Canon Residenciary Petty Canon Vicar Chorall Chorister old Vicar or new Vicar in right of their said Dignities Churches Corporations Offices or places respectively and what and how much of the same is in possession and the true yearely value thereof and what and how much thereâ—f is out in Lease and for what Estate and when and how determinable and what Rents Services and other Duties are reserved and payable during such Estate also the true yearely value of the same as they are now worth in Possession as also what Rents Pensions or other Charges or other summes of money are issuing due or payable out of any the Mannors Lands or Premisses and to make an exact particular survey thereof and to take and direct and settle such course for the safe custody and keeping of all Charters Evidences Court-Rolls and writings whatsoever belonging unto all or any the Persons Dignities Churches Corporatâ—ons Offices and Places or concerning any the Mannors Lands Tenements Hereditaments or other premisses before mentioned as in their discretion shall be thought meet and convenient and of all and singular their doings and proceedings herein fairely written and ingross'd in Parchment to make returne and Certificate into the Court of Chancery and to this further intent purpose that speedy care and course may be taken for providing of a competent maintenance for supply and encouragement of Preaching Ministers in the severall Parishes within the Kingdom of England Dominion of Wales Be it likewise ordayned and enacted that the same Commissioners and Persons authorized as abovesaid shall have full power and authority by the Oathes of good and lawfull men as by all other good wayes and lawfull meanes to enquire and find out the true yearly value of all Parsonages Vicaridges Presentative all other Spirituall and Ecclesiasticall Benefices and Livings unto which any Cure of Soules is annexed lying and being within such Counties and Cities and of all such particularly to enquire and certifie into the Court of Chancery what each of them are truely and really worth by the yeare and who are the present Incumbents or Possessors of them and what and how many Chappels belonging unto Parish Churches are within the limits of such Counties and Cities within which they are directed and authorized to enquire and how the severall Churches and Chappels are supplyed by Preaching Ministers that so course may be taken for providing both for Preaching and of maintenance where the same shall be found to be needfull necessary provided alwayes that this Act or any thing therein contayned shall not extend to any Colledge Church Corporation Foundation or house of Learning in either of the Vniversities within this Kingdom and the said Sr William Roberts Sr Thomas Atkins Sr Iohn Wollaston John Warner Iohn Towes Aldermen of the City of London Iohn Packer and Peter Malbourne Esquires and the Survivors and Survivor of them or the greater part of them his and their Heires and Assignes a re hereby directed and authorized to give and allow unto such Officers as by them shall be thought fitting and necessary for keeping of Courts Cellecting of Rents Surveying of Lands and all other necessary imployments in about the premisses and unto the Commâ—ssioners authorized by this Act and such others as shall be necessarily imployed by them all such reasonable Fees Stipends Salaries and Summes of Money as in their discretion shall be thought just and conventent And the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer and Peter Malborne Esquires the Survivors and Survivor of them his and their Heires and Assignes of their severall Receipts Imployments Actions and Proceedings shall give an accompt and be accomptable unto the Lords and Commons in Parliament or such Person or Persons as from time to time by both Houses of Parliament shall be nominated and appointed in such manner and with such Power Priviledge and Jurisdiction to heare and determine all matters concerning such accompts as by both Houses of Parliament shall from time to time be thought necessary to be given them and not elsewhere nor otherwise saving to all and every Person and Persons Bodies Politique and Corporate their Heires and Successors and the Heires Successors of them and every of them other then such Person or Persons Bodies Politique and Corporate whose Offices Functions and authorities are taken away and abolished by this Act as to any Estate Right Title or Interest which they or any of them claime to have or hold in right of their said Churches Dignities Functions Offices or places and other then the Kings Majesty his Heires and Successors as Patrons Founders or Donors and all and every other Person and Persons Bodies Politique and Corporate as may claime any thing as Patrons Founders or Donors all such Right Title Interest Possession Rents charge Rent Service Annuities Offices Pensions Portions Commons Fees â—rofits claimes and demands either in Law or Equity whatsoever And all and singular such Leases for Yeares Life or Lifes as were before the Twentieth day of Iaâ—uary in the yeare of our Lord one Thousand sixe Hundred Forty two made unto them or any of them by any the Persons or Corporations above named according to the Lawes and Statutes of this Realme and warranted by the same and all such Leases and Estates as having been heretofore made have been established or setled by any Judgement or Decree in any of the Courts at Westminster and have been accordingly enjoyed And all duties and profits whatsoever which they or any of them have or may claime or of right ought to have of in to or out of any the said Mannors Lands or Premisses whatsoever or any pars or parcell thereof in such sort manner forme and condition to all intents constructions and purposes as if this Act had never been made The Articles of the late Treaty of the date Edenburgh the 29. of Novemb. 1643. Die Mercurii 3. Ianuarii 1644. ARTICLES of the Treaty agreed upon betwixt the Commissioners of both Houses of the Parliament of England having Power and Commission from the said Honourable Houses and the Commissioners of the Convention of the Estates of the Kingdom of Scotland Authorised by the Committee of the said Estates concerning the solemne League and Covenant and the Assistance demanded in pursuance of the ends expressed in the same VVHereas the two Houses of the Parliament of England IV. out of a just and deep sence of