Rumors spread and Informations given which may have induced many to believe that We intend to make War against Our Parliament We Profess before God and Declare to all the World That We always have and do abhor all such Designs and desire all Our Nobility and Commoners who are here upon the place to declare Whether they have not been Witnesses of Our frequent and earnest Declarations and Professions to this purpose whether they see any colour of Preparations or Counsels that might reasonably beget a belief of any such Design and whether they be not fully perswaded that We have no such intention but that all Our Endeavours according to Our many Professions tend to the firm and constant settlement of the true Protestant Religion the just Priviledges of Parliaments the Liberty of the Subject the Law Peace and Prosperity of this Kingdom MDCXLVII Aug. 1. The Heads of the Proposals agreed upon by his Excellency Sir THOMAS FAIRFAX and the Council of the Army to be tendred to the Commissioners of Parliament residing with the Army and with them to be treated on by the Commissioners of the Army Containing the particulars of their Desires in pursuance of their former Declarations and Papers in order to the clearing and securing of the Rights and Liberties of the Kingdom and the settling a just and lasting Peace To which are added some further particular Desires for the removing and redressing of divers present pressing Grievances being also comprized in or in necessary pursuance of their Former Representations and Papers appointed to be Treated upon I. THat the things hereafter proposed being provided for by this Parliament a certain period may by Act of Parliament be set for the ending of this Parliament such period to be within a year at most and in the same Act provision to be made for the succession and constitution of Parliaments in future as followeth 1. That Parliaments may Biennially be called and meet at a certain day with such provision for the certainty thereof as in the late Act was made for Triennial Parliaments and what further other provision shall be found needful by the Parliament to reduce it to more certainty And upon the passing of this the said Act for Triennial Parliaments to be repealed 2. Each Biennial Parliament to sit 120. days certain unless adjourned or dissolved sooner by their own Consent afterwards to be adjournable or dissolvable by the King and no Parliament to sit past 240. days from their first meeting or some other limited number of days now to be agreed on upon the expiration whereof each Parliament to dissolve of course if not otherwise dissolved sooner 3. The King upon Advice of the Council of State in the Intervals betwixt Biennial Parliaments to call a Parliament extraordinary provided it meet above seventy days before the next Biennial day and be dissolved at least sixty days before the same so as the course of Biennial Elections may never be interrupted 4. That this Parliament and each succeeding Biennial Parliament at or before adjournment or dissolution thereof may appoint Committees to continue during the Interval for such purposes as are in any of these Proposals referr'd to such Committees 5. That the Elections of the Commons for succeeding Parliaments may be distributed to all Counties or other parts or divisions of the Kingdom according to some Rule of equality or proportion so as all Counties may have a number of Parliament-Members allowed to their choice proportionable to the respective Rates they bear in the common Charges and burthens of the Kingdom according to some other Rule of equality or proportion to render the House of Commons as near as may be an equal Representative of the whole and in order thereunto that a present consideration be had to take off the Elections of Burgesses for poor decayed or inconsiderable Towns and to give some present addition to the number of Parliament-Members for great Counties that have now less than their due proportion to bring all at present as near as may be to such a Rule of proportion as aforesaid 6. That effectual provision be made for future freedom of Elections and certainty of due Returns 7. That the House of Commons alone have the power from time to time to set down further Orders and Rules for the Ends expressed in the Two last preceding Articles so as to reduce the Elections of Members for that House to more and more perfection of Equality in the distribution Freedom in the Election Order in the proceeding thereto and Certainty in the Returns which Orders and Rules in that case to be as Laws 8. That there be a Liberty for entring Dissents in the House of Commons with provision that no Member be censurable for ought said or voted in the House further than to exclusion from that Trust and that onely by the judgment of the House it self 9. That the Judicial Power or power of final Judgment in the Lords and Commons and their power of Exposition and Application of Law without further Appeal may be cleared and that no Officer of Justice Minister of State or other person adjudged by them may be capable of Protection or Pardon from the King without their Advice and Consent 10. That the Right and Liberty of the Commons of England may be cleared and vindicated as to a due Exemption from any Judgment Trial or other Proceeding against them by the House of Peers without the concurring Judgment of the House of Commons as also from any other Judgment Sentence or Proceeding against them other than by their Equals or according to the Law of the Land 11. The same Act to provide that Grand-Jury-men may be chosen by and for several parts or divisions of each County respectively in some equal way and not remain as now at the discretion of an Under-Sheriff to be put on or off and that such Grand-Jury-men for their respective Counties may at each Assize present the Names of persons to be made Justices of Peace from time to time as the County hath need for any to be added to the Commission and at the Summer-Assize to present the Names of Three Persons out of whom the King may prick one to be Sheriff for the next year II. For the future security to Parliaments and the Militia in general in order thereunto that it be provided by Act of Parliament 1. That the power of the Militia by Sea and Land during the space of Ten years next ensuing shall be ordered and disposed by the Lords and Commons assembled and to be assembled in the Parliament or Parliaments of England or by such persons as they shall nominate and appoint for that purpose from time to time during the said space 2. That the said power shall not be ordered disposed or exercised by the King's Majesty that now is or by any person or persons by any Authority derived from Him during the said space or at any time hereafter by His said Majesty without the Advice
though my Sins are so many and grievous that I may rather expect the effects of thy Anger than so great a deliverance as to free Me from my present great Danger yet O Lord since thy Mercies are over all thy Works and Thou never failest to relieve all those who with humble and unfeigned Repentance come to Thee for succour it were to multiply not diminish my Transgressions to despair of thy heavenly favour wherefore I humbly desire thy Divine Majesty that Thou wilt not only pardon all my Sins but also free Me out of the hands and protect Me from the Malice of my cruel Enemies But if thy wrath against my hainous offences will not otherwise be satisfied than by suffering Me to fall under my present Afflictions thy Will be done yet with humble importunity I do and shall never leave to implore the assistance of thy Heavenly Spirit that My Cause as I am Thy Vicegerent may not suffer through My weakness or want of Courage O Lord so strengthen and enlighten all the Faculties of my Mind that with clearness I may shew forth thy Truth and manfully endure this bloody Trial that so my Sufferings here may not only glorifie Thee but likewise be a furtherance to My Salvation hereafter Grant this O merciful Father for His sake who suffered for Me even Jesus Christ the Righteous Amen KING CHARLES HIS MESSAGES FOR PEACE I. From CANTERBURY Jan. 20. MDCXLI II. For the Composing of all Differences HIS Majesty perceiving the manifold distractions which are now in this Kingdom which cannot but bring great inconveniencies and mischief to this whole Government in which as His Majesty is most chiefly interessed so He holds Himself by many reasons most obliged to do what in Him lies for the preventing thereof though He might justly expect as most proper for the duty of Subjects that Propositions for the remedies of these evils ought rather to come to Him than from Him yet His Fatherly care of all His People being such that He will rather lay by any particular respect of His Own Dignity than that any time should be lost for prevention of these threatning evils which cannot admit the delays of the ordinary proceedings in Parliament doth think fit to make this ensuing Proposition to both Houses of Parliament that they will with all speed fall into a serious consideration of all those particulars which they shall hold necessary as well for the upholding and maintaining of His Majesty's Just and Regal Authority and for the setling of His Revenue as for the present and future establishment of their Priviledges the free and quiet enjoying of their Estates and Fortunes the Liberties of their Persons the security of the true Religion now professed in the Church of England and the setling of Ceremonies in such a manner as may take away all just offence Which when they shall have digested and composed into one intire body that so His Majesty and themselves may be able to make the more clear Judgment of them it shall then appear by what His Majesty shall do how far he hath been from intending or designing any of those things which the too great Fears and Jealousies of some persons seem to apprehend and how ready He will be to equal and exceed the greatest examples of the most indulgent Princes in their Acts of Grace and Favour to their People So that if all the present Distractions which so apparently threaten the Ruine of this Kingdom do not by the blessing of Almighty God end in an happy and blessed Accommodation His Majesty will then be ready to call Heaven and Earth God and Man to witness that it hath not failed on His part From HUNTINGDON March 15. Upon His Removal to YORK In pursuance of the Former HIS Majesty being now on His remove to His City of York where He intends to make His Residence for some time thinks fit to send this Message to both Houses of Parliament That he doth very earnestly desire that they will use all possible industry in expediting the business of Ireland in which they shall find so chearful a concurrence by His Majesty that no inconvenience shall happen to that service by His absence He having all that Passion for the reducing of that Kingdom which He hath expressed in His former Messages and being unable by words to manifest more affection to it than He hath endeavoured to do by those Messages having likewise done all such Acts as he hath been moved unto by His Parliament therefore if the misfortunes and calamities of His poor Protestant Subjects shall grow upon them though His Majesty shall be deeply concerned in and sensible of their sufferings He shall wash His hands before all the World from the least imputation of slackness in that most necessary and pious work And that His Majesty may leave no way unattempted which may beget a good understanding between Him and His Parliament He thinks it necessary to declare That as He hath been so tender of the Priviledges of Parliament that He hath been ready and forward to retract any Act of His own which He hath been informed hath trencht upon their Priviledges so He expects an equal tenderness in them of His Majesty 's known and unquestionable Priviledges which are the Priviledges of the Kingdom amongst which He is assured it is a Fundamental one That His Subjects cannot be obliged to obey any Act Order or Injunction to which His Majesty hath not given His consent And therefore He thinks it necessary to publish That He expects and hereby requires Obedience from all His loving Subjects to the Laws established and that they presume not upon any pretence of Order or Ordinance to which His Majesty is no party concerning the Militia or any other thing to do or execute what is not warranted by those Laws His Majesty being resolved to keep the Laws Himself and to require Obedience to them from all His Subjects And His Majesty once more recommends to His Parliament the substance of His Message of the twentieth of January last that they compose and digest with all speed such Acts as they shall think fit for the present and future establishment of their Priviledges the free and quiet enjoying their Estates and Fortunes the Liberties of their Persons the security of the true Religion now professed in the Church of England the maintaining His Majesties Regal and Just Authority and setling His Revenue His Majesty being most desirous to take all fitting and just wayes which may beget a happy understanding between Him and His Parliament in which He conceives His greatest Power and Riches do consist III. From NOTTINGHAM Aug. 25. MDCXLII When He set up His Standard By the Earls of Southampton and Dorset Sir John Culpepper Knight Chancellour of the Exchequer and Sir W. Wedale Knight WE have with unspeakable grief of heart long beheld the distractions of this our Kingdom Our very Soul is full of anguish until We may find some remedy to
governed after the said three years or sooner if differences may be agreed Touching the Covenant His Majesty is not yet therein satisfied and desires to respite His particular Answer thereunto until His coming to London because it being a matter of Conscience He cannot give a resolution therein till He may be assisted with the Advice of some of His own Chaplains which hath hitherto been denied Him and such other Divines as shall be most proper to inform Him therein and then He will make clearly appear both His zeal to the Protestant Profession and the Union of these two Kingdoms which He conceives to be the main drift of this Covenant To the seventh and eighth Propositions His Majesty will consent To the ninth His Majesty doubts not but to give good satisfaction when he shall be particularly informed how the said penalties shall be levied and disposed of To the tenth His Majesty's Answer is That He hath been always ready to prevent the practices of Papists and therefore is content to pass an Act of Parliament for that purpose and also that the Laws against them be duly executed His Majesty will give his consent to the Act for the due observation of the Lord's day for the suppressing of Innovations and those concerning the Preaching of God's Word and touching Non-residence and Pluralities and His Majesty will yield to such Act or Acts as shall be requisite to raise moneys for the payment and satisfying all publick Debts expecting also that His will be therein included As to the Proposition touching the Militia though His Majesty cannot consent unto it in terminis as it is proposed because thereby He conceives He wholly parts with the power of the Sword entrusted to Him by God and the Laws of the Land for the protection and government of His People thereby at once devesting Himself and disinheriting His Posterity of that right and Prerogative of the Crown which is absolutely necessary to the Kingly Office and so weakning Monarchy in this Kingdom that little more than the name and shadow of it will remain yet if it be only security for the preservation of the Peace of this Kingdom after the unhappy Troubles and the due performance of all the agreements which are now to be concluded which is desired which His Majesty always understood to be the case and hopes that herein He is not mistaken His Majesty will give abundant satisfaction to which end He is willing by Act of Parliament That the whole power of the Militia both by Sea and Land for the space of ten years be in the hands of such persons as the two Houses shall nominate giving them power during the said term to change the said persons and substitute others in their places at pleasure and afterwards to return to the proper Chanel again as it was in the times of Queen Elizabeth and King James of blessed memory And now His Majesty conjures His two Houses of Parliament as they are Englishmen and Lovers of Peace by the duty they owe to His Majesty their King and by the bowels of compassion they have to their fellow-Subjects that they will accept of this His Majesty's offer whereby the joyful news of Peace may be restored to this languishing Kingdom His Majesty will grant the like to the Kingdom of Scotlund if it be desired and agree to all things that are propounded touching the conserving of Peace betwixt the two Kingdoms Touching Ireland other things being agreed His Majesty will give satisfaction therein As to the mutual Declaration proposed to be established in both Kingdoms by Act of Parliament and the Modifications Qualifications and branches which follow in the Propositions His Majesty only professes that He doth not sufficiently understand nor is able to reconcile many things contained in them but this He well knoweth that a general Act of Oblivion is the best Bond of Peace and that after intestine Troubles the wisdom of this and other Kingdoms hath usually and happily in all ages granted general Pardons whereby the numerous discontentments of many persons and families othewise exposed to ruine might not become fuel to new disorders or seeds to future troubles His Majesty therefore desires that His two Houses of Parliament would seriously descend into these considerations and likewise tenderly look upon His condition herein and the perpetual dishonour that must cleave to Him if He shall thus abandon so many persons of condition and fortune that have engaged themselves with and for Him out of a sense of Duty and propounds as a very acceptable testimony of their affection to Him that a general Act of Oblivion and free Pardon be forthwith passed by Act of Parliament Touching the new great Seal His Majesty is very willing to confirm both it and all the Acts done by virtue thereof until this present time so that it be not thereby pressed to make void those Acts of His done by virtue of His great Seal which in Honour and Justice He is obliged to maintain and that the future government thereof may be in His Majesty according to the due course of Law Concerning the Officers mentioned in the 19th Article His Majesty when He shall come to Westminster will gratifie His Parliament all that possibly He may without destroying the alterations which are necessary for the Crown His Majesty will willingly consent to the Act for the confirmation of the priviledges and customs of the City of London and all that is mentioned in the Propositions for their particular advantage And now that His Majesty hath thus far endeavoured to comply with the desires of His two Houses of Parliament to the end that this agreement may be firm and lasting without the least face or question of restraint to blemish the same His Majesty earnestly desires presently to be admitted to His Parliament at Westminster with that Honour which is due to their Sovereign there solemnly to confirm the same and legally to pass the Acts before mentioned and to give and receive as well satisfaction in all the remaining particulars as likewise such other pledges of mutual love trust and confidence as shall most concern the good of Him and His People upon which happy Agreement His Majesty will dispatch His Directions to the Prince His Son to return immediately to Him and will undertake for His ready obedience thereunto Holdenby May 12. 1647. XXX From HAMPTON-COURT Sept. 9. MDCXLVII In Answer to the Propositions presented to Him there For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. HIS Majesty cannot chuse but be passionately sensible as He believes all His good Subjects are of the late great Distractions and still languishing and unsetled state of this Kingdom and He calls God to witness and is willing to give testimony to all the World of His readiness to contribute His uttermost endeavours for restoring it to a
the eleventh of this month by which they will have understood the reasons which enforced Him to go from thence as likewise His constant endeavours for the setling of a safe and well-grounded Peace wheresoever He should be And being now in a place where He conceives Himself to be at much more Freedom and Security than formerly He thinks it necessary not only for making good of His Own professions but also for the speedy procuring of a Peace in these languishing and distressed Kingdoms at this time to offer such grounds to His two Houses for that effect which upon due examination of all Interests may best conduce thereunto And because Religion is the best and chiefest foundation of Peace His Majesty will begin with that particular That for the abolishing Archbishops Bishops c. His Majesty clearly professeth that He cannot give His Consent thereunto both in relation as He is a Christian and a King For the first He avows that He is satisfied in His Judgment that this Order was placed in the Church by the Apostles themselves and ever since their time hath continued in all Christian Churches throughout the world until this last Century of years and in this Church in all times of Change and Reformation it hath been upheld by the wisdom of His Ancestors as the great preserver of Doctrine Discipline and Order in the service of God As a King at His Coronation He hath not only taken a solemn Oath to maintain this Order but His Majesty and His Predecessours in their confirmations of the Great Charter have inseparably woven the Right of the Church into the Liberties of the rest of the Subjects And yet He is willing it be provided that the particular Bishops perform the several duties of their Callings both by their personal Residence and frequent Preachings in their Dioceses as also that they exercise no Act of Jurisdiction or Ordination without the consent of their Presbyters and will consent that their powers in all things be so limited that they be not grievous to tender Consciences Wherefore since His Majesty is willing to give ease to the Consciences of others He sees no reason why He alone and those of His Judgment should be pressed to a violation of theirs Nor can His Majesty consent to the alienation of Church-Lands because it cannot be denied to be a sin of the highest Sacrilege as also that it subverts the intentions of so many pious Donors who have laid a heavy Curse upon all such profane violations which His Majesty is very unwilling to undergo And besides the matter of Conscience His Majesty believes it to be a prejudice to the publick good many of His Subjects having the benefit of renewing Leases at much easier Rates than if those possessions were in the hands of private men not omitting the discouragement which it will be to all Learning and industry when such eminent rewards shall be taken away which now lye open to the Children of meanest persons Yet His Majesty considering the great present distempers concerning Church-discipline and that the Presbyterian Government is now in practice His Majesty to eschew Confusion as much as may be and for the satisfaction of His two Houses is content that the said Government be legally permitted to stand in the same condition it now is for three years provided that His Majesty and those of His Judgment or any other who cannot in Conscience submit thereunto be not obliged to comply with the Presbyterian Government but have free practice of their own profession without receiving any prejudice thereby and that a free Consultation and Debate be had with the Divines at Westminster twenty of His Majesties nomination being added unto them whereby it may be determined by His Majesty and the two Houses how the Church-government after the said time shall be setled or sooner if differences may be agreed as is most agreeable to the Word of God with full liberty to all those who shall differ upon Conscientious grounds from that settlement Always provided that nothing aforesaid be understood to tolerate those of the Romish profession nor exempting of any Popish Recusant from the penalties of the Laws or to tolerate the publick profession of Atheism or Blasphemy contrary to the Doctrine of the Apostles Nicene and Athanasian Creeds they having been received by and had in reverence of all the Christian Churches and more particularly by this of England ever since the Reformation Next the Militia being that Right which is inseparably and undoubtedly inherent in the Crown by the Laws of this Nation and that which former Parliaments as likewise this have acknowledged so to be His Majesty cannot so much wrong that trust which the Laws of God and this Land have annexed to the Crown for the protection and security of His People as to devest Himself and Successors of the power of the Sword Yet to give an infallible evidence of His desire to secure the performance of such agreements as shall be made in order to a Peace His Majesty will consent to an Act of Parliament that the whole power of the Militia both by Sea and Land for and during His whole Reign shall be ordered and disposed by His two Houses of Parliament or by such persons as they shall appoint with powers limited for suppressing of Forces within this Kingdom to the disturbance of the publick Peace and against foreign invasions and that they shall have power during His said Reign to raise Monies for the purposes aforesaid and that neither His Majesty that now is or any other by any Authority derived only from Him shall execute any of the said powers during His Majesties said Reign but such as shall act by the consent and Approbation of the two Houses of Parliament Nevertheless His Majesty intends that all Patents Commissions and other Acts concerning the Militia be made and acted as formerly and that after His Majesties Reign all the power of the Militia shall return entirely to the Crown as it was in the times of Queen Elizabeth and King James of blessed memory After this head of the Militia the consideration of the Arrears due to the Army is not improper to follow for the payment whereof and the ease of His People His Majesty is willing to concur in any thing that can be done without the violation of His Conscience and Honour Wherefore if His two Houses shall consent to remit unto Him such benefit out of Sequestrations from Michaelmas last and out of Compositions that shall be made before the concluding of the Peace and the Arrears of such as have been already made the assistance of the Clergy and the Arrears of such Rents of His own Revenue as His two Houses shall not have received before the concluding of the Peace His Majesty will undertake within the space of eighteen months the payment of four hundred thousand pounds for the satisfaction of the Army and if those means shall not be sufficient His Majesty intends to
Advocate Rives and D. Duck. And afterward in a Letter of one of the Commissioners for the two Houses He sent inclosed this Note Nov. 2. C. R. The Bishop of Armagh the Bishop of Excester the Bishop of Rochester the Bishop of Worcester Dr. Ferne Dr. Morley XXXVIII From NEWPORT Sept. 29. MDCXLVIII Containing His Concessions HIS Majesty did use many earnest endeavours for a Personal Treaty which He hoped might have been obtained at Westminster between Him and His two Houses of Parliament immediately yet they having made choice of this way by you their Commissioners His Majesty did gladly and chearfully accept thereof in this place as a fit means to begin a Treaty for Peace which might put an end to His own sad condition and the Miseries of His Kingdom For an entrance whereunto His Majesty hath already expressed His consent to the First Proposition But finding you are limited by Instructions which you have no warrant to communicate unto Him and having cause by your Paper of the twentieth of this present to believe that you have no power to omit or alter any thing though He shall give you such reasons as may satisfie you so to do without transmitting the Papers to the two Houses at a far distance where His Majesties reasons expressions and offers upon debate cannot be fully represented and from whence their Answers cannot be returned without much waste of the time allotted for the Treaty here and having lately received another Paper concerning the Church containing in it self many particulars of great importance and referring to divers Ordinances Articles of Religion and other things eleven or twelve in number of great length and some of them very new and never before presented to His Majesty the due consideration whereof will take up much time and require His Majesties presence with His two Houses before a full resolution can well be had in matters of so high consequence To the end therefore that the good Work now in hand may by God's blessing proceed more speedily and effectually to an happy conclusion and that His two Houses of Parliament may at present have further security and an earnest of future satisfaction His Majesty upon consideration had of yours makes these Propositions following Concerning the Church His Majesty will consent that the calling and sitting of the Assembly of Divines at Westminster be confirmed for three years by Act of Parliament And will by Act of Parliament confirm for three years the Directory for the publick Worship of God in the Kingdoms of England and Ireland and Dominion of Wales And will likewise confirm for three years by Act of Parliament the Form of Church-Government which ye have presented to Him to be used for the Churches of England and Ireland and Dominion of Wales Provided that His Majesty and those of His Judgment or any others who cannot in Conscience submit thereunto be not in the mean time obliged to comply with the same Government or Form of Worship but have free practice of their own profession And that a free consultation and debate be had with the Assembly of Divines at Westminster in the mean time twenty of His Majesties nomination being added unto them whereby it may be determined by His Majesty and His two Houses of Parliament how the said Church-Government and Form of Publick Worship after the said time may be setled or sooner if Differences may be agreed and how also Reformation of Religion may be setled within the Kingdoms of England and Ireland and the Dominion of Wales And the Articles of Christian Religion now delivered to Him may in like manner be then considered of and determined and care taken for the ease of tender Consciences And concerning the Bishops Lands and Revenues His Majesty considering that during these troublesom times divers of His Subjects have made contracts and purchaces and divers have disbursed great summs of moneys upon security and engagement of those Lands His Majesty for their satisfaction will consent to an Act or Acts of Parliament whereby legal estates for lives or for years at their choice not exceeding 99 years shall be made of those Lands towards the satisfaction of the said Purchasers Contractors and others to whom they are engaged at the old Rents or some other moderate Rent whereby they may receive satisfaction And in case such Leases shall not satisfie His Majesty will propound and consent to some other way for their further satisfaction Provided that the propriety and inheritance of those Lands may still remain and continue to the Church and Church-men respectively according to the pious intentions of the Donors and Founders thereof and the rent that shall be reserved to be for their maintenance His Majesty will give his Royal assent for the better observation of the Lord's day for suppressing of Innovations in Churches and Chappels in and about the Worship of God and for the better advancement of the Preaching of God's Holy Word in all parts of this Kingdom and to an Act against enjoying pluralities of Benefices by Spiritual persons and Non-residency and to an Act for regulating and Reforming both Universities and the Colledges of Westminster Winchester and Eaton His Majesty will consent to an Act for the better discovery and speedy conviction of Popish Recusants as is desired in your Propositions and also to an Act for the education of the children of Papists by Protestants in the Protestant Religion As also to an Act for the true levying of the penalties against Papists to be levied and disposed in such manner as both Houses shall agree on and as is proposed on His Majesties behalf As also to an Act to prevent the practices of Papists against the State and for putting the Laws in Execution and for a stricter course to prevent hearing and saying of Mass But as to the Covenant His Majesty is not yet therein satisfied that He can either sign or swear it or consent to impose it on the Consciences of others nor doth He conceive it proper or useful at this time to be insisted on Touching the Militia His Majesty conceives that your Proposition demands a far larger power over the persons and estates of His Subjects than hath ever hitherto been warranted by the Laws and Statutes of this Realm Yet considering the present Distractions require more and trusting in His two Houses of Parliament that they will make no further use of the power therein mentioned after the present Distempers setled than shall be agreeable to the legal exercise thereof in times past or just necessity shall require His Majesty will consent to an Act of Parliament That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled or such as they shall appoint during the space of ten years shall arm train and discipline or cause to be armed trained or disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernesey and Jersey and the Town of Barwick
tell you three Truths which I am sure no man can tell so well as My self First That I had never any intention of bringing over the Irish Army into England nor ever was advised by any body so to do Secondly That there was never any debate before Me either in Publick Counsel or Private Committee of the disloyalty of my English Subjects nor ever had I any suspicion of them Thirdly That I never was counselled by any to alter the least of any of the Laws of England much less to alter all the Laws Nay I tell you this I think no body durst ever be so impudent as to move Me to it For if they had I should have made them such an Example and put such a mark upon them that all Posterity should know My intentions by it for My intention was ever to govern by the Law and no otherwise I desire to be rightly understood for though I tell you in My Conscience I cannot condemn him of High Treason yet I cannot say I can clear him of Misdemeanours Therefore I hope you may find out a way to satisfie Justice and your own fears and not oppress My Conscience My Lords I hope you know what a tender thing Conscience is and I must declare unto you that to satisfie the People I would do great matters but in this of Conscience neither Fear nor any other respect whatsoever shall ever make Me go against it Certainly I have not deserved so ill of this Parliament at this time that they should press Me in this tender therefore I cannot suspect you will go about it Nay for Misdeameanours I am so clear in them that though I will not chalk out the way yet I will shew you that I think My Lord of Strafford is not fit hereafter to serve Me or the Common-wealth in any place of Trust no not so much as a Constable Therefore I leave it to you My Lords to find out some such way as to bring Me out of this Streight and keep your selves and the Kingdom from such inconveniences XXX To the Lords and Commons at His passing the Bill of Tonnage and Poundage Jun. 22. MDCXLI I Do very willingly accept your offer made at this time as a testimony of your Love and beginning of your dutiful affections to Me and I no waies doubt but that you will perform that which you have intimated unto Me and that in due time you will perform the rest when you have leisure I do not doubt likewise but that in passing this Bill you will see a testimony of the trust and confidence I have in your affections as also that I omit no occasion whereby I may shew that affection to My People that I desire My People would shew to Me as in this Parliament hitherto no body can say but that I have sought occasions both to shew My affections unto them and to remove disputes And therefore in this particular Bill I hope you will know that I do freely and frankly give over the Right that My Predecessors have ever challenged unto Them though I confess disputed but yet they did never yield in Their times Therefore you will understand this but a mark of My confidence to put My self wholly upon the love and affection of My People for My Subsistence And therefore I hope that in prosecution of this you will go on as you have said and that though you have rumours of jealousies and suspitions by flying and idle discourses that have come to My ears concerning the extraordinary way I confess I never understood it otherwise than as having relation to the Scotish Army and preventing insurrection which vanished as soon as they were born And therefore now you see My clearness I leave that to you and will not meddle with it one way or other for I never had other design but to win the affections of My People by My Justice in My Government XXXI To the Lords and Commons at His passing the Bills for taking away the High Commission and Star-Chamber and regulating the Council-Table July 5. MDCXLI I Come to do the Office which I forbore to do on Saturday last to give determination to these two Bills But before I do it I must tell you that I cannot but be very sensible of those reports of discontent that I hear some have taken for not giving My consent on Saturday Me thinks it seems strange that any one should think I could pass two Bills of that importance that these were without taking some fit time to consider of them for it is no less than to alter in a great measure those Fundamental Laws Ecclesiastical and Civil which many of My Predecessors have established If you consider what I have done this Parliament discontent will not sit in your hearts For I hope you remember that I have granted That the Judges hereafter shall hold their places quam diu se bene gesserint I have bounded the Forests not according to My Right but according to late Customs I have established the Property of the Subjects witness the free giving not taking away the Ship-money I have established by Act of Parliament the Property of the Subject in Tonnage and Poundage which never was done in any of My Predecessors times I have granted a Law for Triennial Parliaments and given way to an Act for the securing of Moneys advanced for the disbanding of the Armies I have given free course of Justice against Delinquents I have put the Law in execution against Papists Nay I have given way to every thing that you have asked of Me and therefore Me thinks you should not wonder if in some things I begin to refuse But I hope it shall not hinder your progress in your great affairs and I will not stick upon trivial matters to give you content I hope you are sensible of these beneficial favours bestowed on you at this time To conclude You know that by your consent there is a prefixed time set for my going into Scotland and there is an absolute necessity for it I do not know but that things may so fall that it may be shortned Therefore I hope you will hasten the dispatching of those great businesses that now are necessary to be done and leave trivial and superficial matters to another meeting For My part I shall omit nothing that may give you just contentment and study nothing more than your happiness and thereof I hope you shall see a very good testimony by passing these two Bills LE ROY LE VEULT I have one word more to speak to you and I take now an occasion to present it unto both Houses that thereby all the world shall see that there is a good understanding between Me and My People It is concerning My Nephew the Prince Elector Palatine who having desired Me and the King of Denmark to give way to a Writing concerning the Deit at Ratisbone with the Emperour I could not but send My Ambassador to assist him though I
manner of a Parliament new Jurisdictions were erected of Romish Archbishops Taxes levied another State moulded within this State independent in Government contrary in Interest and affection secretly corrupting the ignorant or negligent Professours of our Religion and closely uniting and combining themselves against such as were sound in this posture waiting for an opportunity by force to destroy those whom they could not hope to seduce For the effecting whereof they were strengthened with Arms and Munition encouraged by superstitious Prayers enjoyned by the Nuntio to be weekly made for the prosperity of some great Design And such power had they at Court that secretly a Commission was issued out intended to be issued to some Great men of that profession for the levying of Souldiers and to command and employ them according to private instructions which we doubt were framed for the advantage of those who were the contrivers of them His Majesties Treasure was consumed His Revenue anticipated His Servants and Officers compelled to lend great sums of mony Multitudes were called to the Council-Table who were tired with long attendances there for refusing illegal payments The Prisons were filled with their Commitments many of the Sheriffs summoned into the Star-Chamber and some imprisoned for not being quick enough in levying the Ship-money the people languished under grief and fear no visible hope being left but in desperation The Nobility began to be weary of their silence and patience and sensible of the duty and trust which belongs to them and thereupon some of the most eminent of them did petition His Majesty at such a time when evil Counsels were so strong that they had reason to expect more hazard to themselves then redress of those publick evils for which they interceded Whilest the Kingdom was in this agitation and distemper the Scots restrained in their Trades impoverished by the loss of many of their Ships bereaved of all possibility of satisfying His Majesty by any naked Supplication entred with a powerful Army into the Kingdom and without any hostile Act or spoil in the Countrey as they passed more then forcing a passage over the Tyne at Newborne near Newcastle possessed themselves of Newcastle and had a fair opportunity to press on further upon the Kings Army but duty and reverence to His Majesty and brotherly love to the English Nation made them stay there whereby the King had leisure to entertain better Counsels wherein God so blessed and directed Him that He summoned the great Council of Peers to meet at York upon the twenty fourth of September and there declared a Parliament to begin the third of November then following The Scots the first day of the great Council presented an humble Petition to His Majesty whereupon the Treaty was appointed at Rippon a present Cessation of arms agreed upon and the full conclusion of all Differences referred to the wisdom and care of the Parliament At our first meeting all Oppositions seemed to vanish the mischiefs were so evident which those evil Counsellors produced that no man durst stand up to defend them Yet the work it self afforded difficulty enough The multiplied evils and corruption of sixteen years strengthned by Custome and Authority and the concurrent interest of many powerful Delinquents were now to be brought to judgment and Reformation The Kings Houshold was to be provided for they had brought Him to that want that He could not supply His ordinary and necessary Expences without the assistance of His People Two Armies were to be payed which amounted very near to thirty thousand pounds a month the people were to be tenderly charged having been formerly exhausted with many burthensome Projects The Difficulties seemed to be insuperable which by the Divine Providence we have overcome the Contrarieties incompatible which yet in a great measure we have reconciled Six Subsidies have been granted and a Bill of Poll-money which if it be duly levied may equal six Subsidies more in all six hundred thousand pounds Besides we have contracted a debt to the Scots of two hundred and twenty thousand pounds and yet God hath so blessed the endeavours of this Parliament that the Kingdom is a great gainer by all these charges The Ship-money is abolished which cost the Kingdom above 200000 pounds a year The Coat and Conduct-money and other military charges are taken away which in many Countries amounted to little less then the Ship-money The Monopolies are all supprest whereof some few did prejudice the Subject above a Million yearly the Soap an hundred thousand pounds the Wine three hundred thousand pounds the Leather must needs exceed both and Salt could not be less then that besides the inferiour Monopolies which if they could be exactly computed would make up a great sum That which is more beneficial then all this is that the root of these evils is taken away which was the arbitrary power pretended to be in His Majesty of taxing the Subject or charging their estates without consent in Parliament which is now declared to be against Law by the judgment of both Houses and likewise by an Act of Parliament Another step of great advantage is this the living Grievances the evil Counsellors and actors of these mischiefs have been so quelled by the Justice done upon the Earl of Strafford the flight of the Lord Finch and Secretary Windebank the accusation and imprisonment of the Archbishop of Canterbury of Judge Bartlet and the impeachment of divers other Bishops and Judges that it is like not only to be an ease to the present times but a preservation to the future The discontinuance of Parliaments is prevented by the Bill for a Triennial Parliament and the abrupt dissolution of this Parliament by another Bill by which it is provided it shall not be dissolved or adjourned without the consent of both Houses Which two Laws well considered may be thought more advantageous then all the former because they secure a full operation of the present remedy and afford a perpetual Spring of remedies for the future The Star-chamber the High-Commission the Courts of the President and Council in the North were so many forges of Misery Oppression and Violence and are all taken away whereby men are more secured in their Persons Liberties and Estates then they could be by any Law or Example for the regulation of those Courts or Terror of the Judges The immoderate power of the Council-Table and the excessive abuse of that power is so ordered and restrained that we may well hope that no such things as were frequently done by them to the prejudice of the publick Liberty will appear in future times but only in Stories to give us and our posterity more occasion to praise God for his Majesties Goodness and the faithful endeavours of this Parliament The Canons and the power of Canon-making are blasted by the Vote of both Houses The exorbitant power of Bishops and their Courts are much abated by some Provisions in the Bill against the High-Commission Court
they please to call it of the tenth of June will surely believe the Peace of this Kingdom to be extreamly shaken and at least the King himself to be consulted with and privy to these Propositions But We hope that when Our good Subjects shall find that this goodly pretence of the Defence of the King is but a specious bait to seduce weak and inconsiderate men into the highest Acts of Disobedience and Disloyalty against Us and of Violence and Destruction upon the Laws and Constitutions of the Kingdom they will no longer be captivated by an implicite Reverence to the name of both Houses of Parliament but will carefully examine and consider what number of persons are present and what persons are prevalent in those Consultations and how the Debates are probably managed from whence such horrid and monstrous Conclusions do result and will at least weigh the Reputation Wisdom and Affection of those who are notoriously known out of the very horrour of their Proceedings to have withdrawn themselves or by their skill and violence to be driven from them and their Counsels Whilst their Fears and Jealousies did arise or were infused into the people from Discourses of the Rebels in Ireland of Skippers at Roterdam of Forces from Denmark France or Spain how improbable and ridiculous soever that bundle of Informations appeared to all wise and knowing men it is no wonder if the easiness to deceive and the willingness to be deceived did prevail over many of Our weak Subjects to believe that the Dangers which they did not see might proceed from Causes which they did not understand But for them to declare to all the world That We intend to make War against Our Parliament whilest We sit still complaining to God Almighty of the Injury offered to Us and to the very Being of Parliaments and that We have already begun actually to levy Forces both of Horse and Foot whilest We have only in a Legal way provided a smaller Guard for the security of Our own Person so near a Rebellion at Hull than they have had without lawful Authority above these eight Months upon imaginary and impossible Dangers to impose upon Our peoples Sense as well as Understanding by telling them We are doing that which they see We are not doing and intending that they all know as much as Intentions can be known We are not intending is a boldness agreeable to no power but the Omnipotence of those Votes whose absolute Supremacy hath almost brought Confusion upon King and People and against which no Knowledge in matter of Fact or Consent and Authority in matter of Law they will endure shall be opposed We have upon all occasions with all possible Expressions professed Our fast and unshaken Resolutions for Peace And We do again in the presence of Almighty God Our Maker and Redeemer assure the World that We have no more thought of making a War against Our Parliament than against Our own Children that We will maintain and observe the Acts assented to by Us this Parliament without Violation of which that for the frequent assembling of Parliaments is one and that We have not or shall not have any thought of using any force unless We shall be driven to it for the security of Our Person and for the defence of the Religion Laws and Liberty of the Kingdom and the just Rights and Privileges of Parliament And therefore We hope the Malignant Party who have so much despised Our Person and usurped Our Office shall not by their specious fraudulent insinuations prevail with Our good Subjects to give credit to their wicked Assertions and so to contribute their Power and Assistance for the ruine and destruction of Us and themselves For Our Guard about Our Person which not so much their Example as their Provocation inforced Us to take 't is known it consists of the prime Gentry in Fortune and Reputation of this County and of one Regiment of Our Trained Bands who have been so far from offering any Affronts Injuries or Disturbance to any of Our good Subjects that their principal end is to prevent such and so may be Security can be no Grievance to our People That some ill affected persons or any persons have been employed in other parts to raise Troops under colour of Our Service or have made large or any offers of Reward and Preferment to such as will come in is for ought We know and as We believe an Untruth devised by the Contrivers of this false Rumour We disavow it and are confident there will be no need of such Art or Industry to induce Our loving Subjects when they shall see Us oppressed and their Liberties and Laws confounded and till then We shall not call on them to come in to Us and to assist Us. For the Delinquents whom We are said with a high and forcible hand to protect let them be named and their Delinquency and if We give not satisfaction to Justice when We shall have received satisfaction concerning Sir John Hotham by his legal Trial then let Us be blamed But if the Design be as it is well known to be after We have been driven by force from Our City of London and kept by force from Our Town of Hull to protect all those who are Delinquents against Us and to make all those Delinquents who attend on Us or execute Our lawful Commands We have great reason to be satisfied in the Truth and Justice of such Accusation lest to be Our Servant and to be a Delinquent grow to be terms so convertible that in a short time We be left as naked in Attendance as they would have Us in Power and so compel Us to be waited on only by such whom they shall appoint and allow and in whose presence We should be more miserably alone than in Desolation it self And if the seditious Contrivers and Fomenters of this Scandal upon Us shall have as they have had the power to mis-lead the major part present of either or both Houses to make such Orders and send such Messages and Messengers as they have lately done for the apprehension of the great Earls and Barons of England as if they were Rogues or Felons and whereby Persons of Honour and Quality are made Delinquents merely for attending upon Us and upon Our Summons whilst other men are forbid to come near Us though obliged by the Duty of their Places and Oaths upon Our lawful Commands 't is no wonder if such Messengers are not very well intreated and such Orders not obeyed Neither can there be a surer and a cunninger way found out to render the Authority of both Houses scorned and vilified than to assume to themselves merely upon the Authority of the Name of Parliament a power monstrous to all Understandings and to do Actions and to make Orders evidently and demonstrably contrary to all known Law and Reason as to take up Arms against Us under colour of defending Us to cause Money to be brought in to
Miseries and the general Calamities of this Kingdom which must if this War continue speedily overwhelm this whole Nation take no Advantage of it But if you shall really pursue what you presented to Us at Colebrook We shall make good all that We then gave you in Answer to it whereby the hearts of Our distressed Subjects may be raised with the Hopes of Peace without which Religion the Laws and Liberties can no ways be settled and secured Touching the late and sad Accident you mention if you thereby intend that of Brainceford We desire you once to deal ingenuously with the People and to let them see Our last Message to you and Our Declaration to them concerning the same both which We sent to Our Press at London but were taken away from Our Messenger and not suffered to be published and then We doubt not but they will be soon undeceived and easily find out those Counsels which do rather perswade a desperate Division than a good Agreement betwixt Us Our two Houses and People MDCXLII III. The Proceedings in the late Treaty of Peace Together with several Letters of His MAJESTY to the Queen and of Prince Rupert to the Earl of Northampton which were intercepted and brought up to the Parliament With a Declaration of the Lords and Commons upon those Proceedings and Letters The humble Desires and Propositions of the Lords and Commons in Parliament assembled tendred unto His Majesty Feb. 1. 1642. WE Your Majesty's most humble and faithful Subjects the Lords and Commons in Parliament assembled having in our thoughts the Glory of God Your Majesty's Honour and the Prosperity of Your People and being most grievously afflicted with the pressing Miseries and Calamities which have overwhelmed Your two Kingdoms of England and Ireland since Your Majesty hath by the perswasion of evil Counsellors withdrawn Your Self from the Parliament raised an Army against it and by force thereof protected Delinquents from the Justice of it constraining us to take Armes for the defence of our Religion Laws Liberties Privileges of Parliament and for the sitting of the Parliament in safety which Fears and Dangers are continued and increased by the raising drawing together and arming of great numbers of Papists under the command of the Earl of Newcastle likewise by making the Lord Herbert of Ragland and other known Papists Commanders of great Forces whereby many grievous Oppressions Rapines and Cruelties have been and are daily exercised upon the persons and estates of Your People much innocent blood hath been spilt and the Papists have attained means of attempting and hopes of effecting their mischievous Design of rooting out the Reformed Religion and destroying the professors thereof in the tender sense and compassion of these evils under which Your People and Kingdom lie according to the duty which we owe to God Your Majesty and the Kingdom for which we are intrusted do most earnestly desire that an end may be put to these great Distempers and Distractions for the preventing of that Desolation which doth threaten all Your Majesties Dominions And as we have rendred and still are ready to render to Your Majesty that Subjection Obedience and Service which we owe unto You so we most humbly beseech Your Majesty to remove the Cause of this War and to vouchsafe us that Peace and Protection which we and our Ancestors have formerly enjoyed under Your Majesty and Your Royal Predecessors and graciously to accept and grant these most humble Desires and Propositions I. That Your Majesty will be pleased to disband Your Armies as we likewise shall be ready to disband all those Forces which we have raised and that You will be pleased to return to your Parliament II. That You will leave Delinquents to a Legal Trial and Judgement of Parliament III. That the Papists may not only be disbanded but disarmed according to Law IV. That Your Majesty will be pleased to give Your Royal Assent unto the Bill for taking away Superstitious Innovations to the Bill for the utter abolishing and taking away of all Archbishops Bishops their Chancellors and Commissaries Deans Subdeans Deans and Chapters Archdeacons Canons and Prebendaries and all Chanters Chancellors Treasurers Subtreasurers Succentors and Sacrists and all Vicars Choral and Choristers old Vicars and new Vicars of any Cathedral or Collegiate Church and all other their under-Officers out of the Church of England to the Bill against Scandalous Ministers to the Bill against Pluralities and to the Bill for Consultation to be had with godly religious and learned Divines That Your Majesty will be pleased to promise to pass such other good Bills for settling of Church-Government as upon consultation with the Assembly of the said Divines shall be resolved on by both Houses of Parliament and by them be presented to your Majesty V. That Your Majesty having exprest in Your Answer to the Nineteen Propositions of both Houses of Parliament a hearty affection and Intentions for the rooting out of Popery out of this Kingdom and that if both the Houses of Parliament can yet find a more effectual course to disable Jesuits Priests and Popish Recusants from disturbing the State or eluding the Laws that You would willingly give Your Consent unto it That You would be graciously pleased for the better discovery and speedier conviction of Recusants that an Oath may be established by Act of Parliament to be administred in such manner as by both Houses shall be agreed on wherein they shall abjure and renounce the Popes Supremacy the doctrine of Transubstantiation Purgatory worshipping of the consecrated Hoast Crucifixes and Images and the refusing the said Oath being tendred in such manner as shall be appointed by Act of Parliament shall be a sufficient Conviction in Law of Recusancy And that Your Majesty will be graciously pleased to give Your Royal Assent unto a Bill for the Education of the Children of Papists by Protestants in the Protestant Religion That for the more effectual execution of the Laws against Popish Recusants Your Majesty would be pleased to consent to a Bill for the true levying of the Penalties against them and that the same Penalty may be levyed and disposed of in such manner as both Houses of Parliament shall agree on so as Your Majesty be at no loss and likewise to a Bill whereby the practice of Papists against the State may be prevented and the Laws against them duly executed VI. That the Earl of Bristol may be removed from Your Majesty's Counsels and that both he and the Lord Herbert eldest Son to the Earl of Worcester may likewise be restrained from coming within the verge of the Court and that they may not bear any Office or have any imployments concerning the State or Commonwealth VII That Your Majesty will be graciously pleased by Act of Parliament to settle the Militia both by Sea and Land and for the Forts and Ports of the Kingdom in such a manner as shall be agreed on by both Houses VIII That Your Majesty will be pleased
undoubted Rights doth oblige Him to insist And when His Majesty shall think fit to make an Admiral as near as He can He shall be such an one against whom no just Exception can be made and if any shall be offered He will readily leave him to the tryal of the Law Falkland The Papers concerning an Oath for Officers March 29. 1643. WE are humbly to desire Your Majesty that all Generals and Commanders in any of the Armies on either side as likewise the Lord Admiral of England the Lord Warden of the Cinque-Ports all Commanders of any Ships and Commanders of any Town Castle or Fort may take an Oath to observe the Articles formerly mentioned and to use their utmost power to preserve the true Reformed Protestant Religion and the Peace of the Kingdom against all Foreign Forces and all other Forces raised without Your Majesty's Authority and Consent of the two Houses of Parliament Northumberland W. Pierrepont W. Armyne J. Holland B. Whitelocke April 5. 1643. HIS Majesty conceives the Oaths which all those Officers are already by Law obliged to take to be very fully sufficient But if any thing shall be made appear unto Him necessary to be added thereunto when there shall be a full and peaceable Convocation in Parliament His Majesty will readily consent to an Act for such an addition Falkland April 10. 1643. BY Instructions yesterday received from both Houses of Parliament we are commanded humbly to inform Your Majesty that both Houses of Parliament conceive the ordinary Oaths of the Officers mentioned in Your Answer concerning the same are not sufficient to secure them against the extraordinary causes of Jealousie which have been given them in these troublesome times and that Your Majesty's Answer lays some tax upon the Parliament as if defective and thereby uncapable of making such a provisional Law for an Oath Therefore we are humbly to insist upon our former desires for such an Oath as is mentioned in those Papers which we have formerly presented to Your Majesty concerning this matter Northumberland John Holland W. Armyne W. Pierrepont B. Whitelocke April 14. 1643. HIS Majesty did not refuse by His former Answer to consent to any such Oath as shall be thought necessary though He did and doth still conceive the Oaths already settled by Law to be sufficient neither did He ever suppose the Parliament incapable of making a provisional Law for such an Oath but as He would be willing to apply any proper remedy to the extraordinary causes of Jealousies if He could see that there were such causes so He will be always most exact in observing the Articles agreed on in preserving the true Reformed Protestant Religion and the Peace of the Kingdom against Foreign Forces and other Forces raised or imployed against Law And when both Houses shall prepare and present such an Oath as they shall make appear to His Majesty to be necessary to those ends His Majesty will readily consent to it Falkland The Papers concerning the Disbanding of the Armies March 28. 1643. His MAJESTY's Answer to the first Proposition of both His Houses of Parliament HIS Majesty is as ready and willing that all Armies be disbanded as any person whatsoever and conceives the best way to it to be a happy and speedy conclusion of the present Treaty which if both Houses will contribute as much to it as His Majesty shall do will be suddenly effected And that this Treaty may the sooner produce that effect His Majesty desires that the time given to the Committee of both Houses to treat may be enlarged And as His Majesty desires nothing more than to be with His two Houses so He will repair thither as soon as He can possibly do it with His Honour and Safety Falkland March 29. 1643. WE are directed by our Instructions humbly to desire Your Majesty's speedy and positive Answer concerning the Disbanding of the Armies to which if Your Majesty be pleased to assent we are then to beseech Your Majesty in the name of both Houses that a near day may be agreed upon for the Disbanding of all the Forces in the remote parts of Yorkshire and the other Northern Counties as also in Lancashire Cheshire and in the Dominion of Wales and in Cornwall and Devonshire and they being fully disbanded another day may be agreed on for the Disbanding of all Forces in Lincolnshire Nottinghamshire Leicestershire and all other places except at Oxford and the Quarters thereunto belonging and Windsor and the Quarters thereunto belonging and that last of all a speedy day may be appointed for the Disbanding of those two Armies at Oxford and Windsor and all the Forces members of either of them That some Officers of both Armies may speedily meet to agree of the manner of the Disbanding and that fit persons may be appointed by Your Majesty and both Houses of Parliament who may repair to the several Armies and the see Disbanding put in speedy execution accordingly Northumberland W. Pierrepont J. Holland W. Armyne B. Whitelocke March 29. 1643. COncerning Your Majesty's Answer to the Proposition of both Houses for Disbanding of the Armies We humbly desire to know if by the words By a happy and speedy Conclusion of the present Trevty Your Majesty do intend a Conclusion of the Treaty on Your Majesty's first Proposition and their Proposition for Disbanding the Armies or a Conclusion of the Treaty in all the Propositions of both parts We have given speedy notice to both Houses of Parliament of Your Majesty's desires that the time given to the Committee of both Houses to treat may be enlarged To the last Clause we have no Instructions Northumberland Will. Pierrepont Will. Armyne Joh. Holland B. Whitelocke April 5. 1643. HIS Majesty intended by the words By a happy and speedy Conclusion of the Treaty such a Conclusion of or in the Treaty as there might be a clear evidence to Himself and His good Subjects of a future Peace and no ground left for the continuance or growth of these bloody Dissentions which He doubts not may be obtained if both Houses shall consent that the Treaty may proceed without further interruption or limitation of days Falkland April 5. 1643. WHEN the time for Disbanding the Armies shall be agreed upon His Majesty well approves that some Officers of both Armies may speedily meet to agree of the manner of Disbanding and that fit persons may be appointed by His Majesty and both Houses of Parliament who may repair to the several Armies and see the Disbanding speedily put in execution accordingly Falkland April 6. 1643. WE humbly desire to know if by the words By a happy and speedy conclusion of the present Treaty Your Majesty intends a Conclusion of the present Treaty on Your Majesty's first Proposition and the Proposition of both Houses for Disbanding of the Armies or a Conclusion of the Treaty on all the Propositions of both parts And what Your Majesty intends to be a clear evidence to Your Self and Your good
to judge whether their Demands were not such and so moderate as was fit and necessary for them to make and just and reasonable for His Majesty to assent unto wherein they may be pleased to consider that this was a Treaty for the disbanding of two Armies and Forces raised in opposition each to other that the Towns Forts and Ships are a great part of these Forces and of the strength of that side that possesseth them that for any one side to demand the possession and power thereof and the other side to disband their Forces and quit themselves of all their strength is in effect a total disbanding of that side and a continuing the Forces of the other which must be granted to be most unequal and therefore the Lords and Commons did think it just and honourable that the remaining strength should be put into such hands as both sides might trust Secondly That their demand to have the Forts and Castles into the hands of such persons as both Houses should confide in was a Proposition warranted by the frequent Precedents of former times whereby it appeareth that many other Parliaments have made the like and greater demands and His Majesty's Predecessors have assented thereunto Thirdly It was a Proposition which His Majesty Himself in several Declarations of His own affirmed to be reasonable and just for in His Majesty's Answer to a Petition of the House of Commons January 28. 1641. He expresseth thus For the Forts and Castles of the Kingdom His Majesty is resolved they shall be in such hands and only in such as the Parliament way safely confide in c. And in another Answer to two Petitions of the Lords and Commons delivered the second of February 1641. His Majesty useth these words That for the securing you from all Dangers or Jealousies of any His Majesty will be content to put in all the places both of Forts and Militia in the several Counties such persons as both Houses of Parliament shall either approve or recommend unto Him so that you declare before unto His Majesty the names of the persons whom you approve or recommend unless such persons shall be named against whom He shall have just and unquestionable exception Which being declared by His Majesty Himself they had no cause to suspect a Denial being confident that His Majesty did intend what He spoke and if any ill Counsel could prevail to make Him recede from His Word it must be admitted the Kingdom hath more cause to be further secured Fourthly For that to our sad experience it is well known that His Majesty's Power in this and other things is too much steered and guided by the advice of these secret and wicked Counsellors that have been the Instruments of our present Miseries and though His Majesty carrieth the Name yet they will have the disposing of those places And the Lords and Commons thought it the more reasonable and necessary to insist thereupon because that in the time when they were preparing their Propositions to His Majesty it did appear unto them by a Letter written by His Majesty to the Queen which they have caused to be herewith Printed that the great and eminent places of the Kingdom were disposed by Her Advice and Power and what Her Religion is and consequently how prevalent the Counsels of Papists and Jesuites will be with Her may be easily conjectured and it is to be observed who the Persons designed for preferment were even during the sitting of a Parliament the Lord Digby impeached in Parliament for High Treason and most if not all the rest impeached in Parliament and such as bear Arms against them Lastly admitting that these demands touching the Ships and Forts had been made even in a time of Peace and Tranquillity yet considering the attempts of Force and Violence made and practised against the Kingdom and this present Parliament as the Designs many years since to bring to this Kingdom the German Horse to compel the Subject to submit to an arbitrary Government the endeavour to bring up the late Northern Army by force and violence to awe the Parliament His Majesty's coming in person to the House of Commons accompanied with many Armed Men to demand their Members to be delivered up and the Treason of the Earl of Strafford to bring over the Irish Popish Army to conquer the Kingdom they might very well justify nay they were in duty bound in discharge of the trust reposed in them by the Commonwealth to make that demand and expect the performance thereof to the end the People might be secured from any such Violence hereafter Yet to their inexpressible sorrow they must speak it neither the Reasonableness the Moderation or Justness of the Request nor the Peace of the Kingdom which probably would ensue thereupon could be Arguments prevalent enough to induce His Majesty's Consent thereunto And His Majesty's offer of those Commanders that shall offend to leave them to Justice and Trial of the Law is an Answer more to shew His Power to protect Delinquents than satisfaction to a Parliament being the due and right of the meanest Subject and yet intituled here as a Favour done to both Houses of Parliament And though His Majesty is pleased to justifie His Denial with the Allegation That it is His Right by Law they must appeal to the judgment of all indifferent Men whether that be a satisfactory ground of refusal for admitting His Majesty's Power of disposing the Ships Forts and Castles and committing them into what hands He please to be by Law absolutely vested in His Majesty which they by no means can admit He being only trusted with them for the Defence and safety of the Kingdom as He Himself is pleased to assume yet would that be no ground or reason for the King to refuse His Consent to alter that Law when by circumstance of time and affairs that Power becomes destructive to the Commonwealth and safety of the People the preservation whereof is the chief end of the Law And though the two Houses of Parliament being the Representative Body of the Kingdom are the most competent Judges thereof yet in this Cafe they do not proceed only upon an implicite Faith but demonstrate it both by Reason and Experience That their Demand is not only necessary to secure the Kingdom from Fear and Jealousie but to preserve it even from Ruine and Destruction And surely had this Argument of being Their Right by Law been prevailing with His Majesty's Predecessors this Nation should have wanted many an Act of Parliament which now they have that was necessary for thier being and subsistence And they could heartily wish that the Laws and Statutes of the Kingdom might be The Rule of what is and what is not to be done acknowledging with His Majesty that the same is the only Rule between Him and His People the assurance of the free enjoyment whereof is their only aim but how little fruit the People hath gathered from this tree
what business soever without leave from the Earl of Essex in pursuance of which Order though the same passed only the Commons a sworn Messenger of His Majesty's hath been barbarously put to death for carrying a Legal Writ to London we thought any address for Peace would most successfully pass through His hands and that when we had considered how unhappily he had been made an Instrument of so much Blood and Devastation he would with great chearfulness have interposed in a business of Reconciliation and at least have met us half way in so blessed a Work and therefore with His Majesty's leave which He most readily and graciously gave us and for which we doubt not He shall receive the Thanks and Prayers of all His good Subjects we direct a Letter to that purpose to him signed under our hands Whosoever reads that Letter and we hope it will be read by all men will bear us witness and it will be a Witness against those who have rejected it that we have done our parts In stead of vouchsafing us any Answer or proposing us any other way towards Peace if that which we proposed was not thought convenient he writes a short Letter to the Earl of Forth General of His Majesty's Army acknowledging the receipt of ours but saying that it neither having Address to the two Houses of Parliament nor therein there being any acknowledgement of them he could not Communicate it to them whereas the Address was in the way prescribed prescribed under pain of Death no Address being allowed as aforesaid but by the Earl of Essex and he being desired to represent to and promove with those by whom he is trusted our most sincere and earnest desire of a Treaty so that if there had been the least inclination to or enduring of an Overture of Peace he might have as easily communicated it to all those by whom he is instrusted as to a Committee by whose Advice 't is well known his Answer was sent and with it and as part of it a Paper intituled The Declaration of the Kingdom of Scotland and A Declaration of the Kingdoms of England and Scotland and another A solemn League and Covenant the Declarations and Covenant being against the King of both Kingdoms without the consent of and against the major part of the Nobility and we are confident the Gentry and Commonalty of This. And if his Lordship would make good his own Letter and spend his Blood or but use his endeavour for the maintenance of the Parliament of England being indeed the foundation whereupon all Our Laws and Liberties are supported we should not Treat at this distance at least a Treaty would not have been rejected We suffered not Our Selves to be discouraged with this refusal but a safe Conduct was desired for two Gentlemen against whom there neither was nor could be the least exception to go to Westminster to present such Propositions as might best conduce to the Peace of the Kingdom conceiving that by such means our meaning and intentions might best appear and all formalities and unnecessary insisting and mistakes upon words might be removed This safe Conduct which hath never been denied by His Majesty or His Generals to any person who hath desired to have admittance to Him was likewise absolutely refused by the Earl of Essex yet with some expressions That if any Propositions should be sent to those by whom he was intrusted he would use his utmost endeavours to advance the Peace which though it seem'd nothing agreeable to his former Answers obtained yet so much credit with us that we besought His Majesty once more in His own Royal Name to press and desire a Treaty and to direct His Message under such a Title that they who call themselves the two Houses of Parliament could not take any Exception but should be compelled to return some Answer or other And an Answer it hath drawn from them but such an one as will sufficiently inform the World if there could yet have remained any doubt of it how much they are Enemies to Peace Those Answers Declarations and that Covenant are likewise publick to all men God and the World must judge between us In the mean time we must without bitterness or sharpness of Language to which neither example or provocation shall transport us tell these men That most of us are too well known even to themselves to be suspected to incline to be either Papists or Slaves or that we can possibly be made Instruments to advance either Popery or Tyranny And since the defence of the Religion Laws and Liberties of the Kingdom seems to be and in truth is on our part the Argument of this bloody Contention and that we are endeavouring all ways to destroy one another in the behalf of that we all do or all pretend to desire we think our selves obliged to Truth to the present Age and to Posterity to let the World know That as we are much more tender of the Religion Laws and Liberty of the Kingdom than of our Lives and Fortunes so the uneasie Condition wherein we are and the heavy Judgments and Proscriptions imposed on us by our Equals have proceeded and been caused from that Conscience Loyalty and Duty in which we have been Born and Bred and from which we could not swerve without the manifest breach of our Allegiance and those civil Oaths we are obliged by As we hope will appear to all men by this our ensuing Declaration We shall pass over only acknowledging His Majesty's abundant care and favour to His People those excellent Laws made this Parliament for the vindication and removal of those Mischiefs and Inconveniences which seemed to threaten our Rights and Liberty to all which there are very few amongst us who concurred not fully however we are now traduced with the negligence of both and that most gracious Offer of His Majesty to consent to an Act for the ease of tender Consciences in matters indifferent which if it had been accepted would have prevented many of the Miseries have since besallen this poor Kingdom And because the Name and Privilege of Parliament is pretended in defence of those Actions which are done contrary to the known Laws by which only Right and Wrong can be measured and determined and by that venerable Name many of our Companions and Friends have been led into unwarrantable Actions before we come to consider the state and condition of the Religion Laws and Liberty of the Kingdom by these Distractions we shall let the World know how much the inherent and essential Privileges of Parliament have been violated how we being called by His Majesty and trusted by our Country with their Suffrages in that Council hath been driven and are now kept from the place whither we were first called by His Majesty and where some Members still sit and lastly how far this miserable and to say no more this unjustifiable Civil War and this desperate and odious Invasion of a
Foreign Power to invade this Kingdom is from having the Countenance Authority and Approbation of the two Houses of Parliament The great Industry and ill Arts used by those who have since been principal Instruments of the present Rebellion to bring in Persons of their Faction into the House of Commons the admitting and receiving such who were neither lawfully chosen nor lawfully returned by their Country and the putting and keeping out others whose Opinions were not liked the reprehending reproaching and imprisoning of Members for speaking freely according to their Consciences in matters in debate the posting and setting up mens Names in publick places and proscribing them as Enemies to their Country who dissented in the Houses in opinion in matters debated and being complained plained of no reparation granted the sitting at unparliamentary hours thereby wearying and tiring many Members from attendance and so in a thin House altering and reversing the resolution taken in a full House the refusing to receive and suppressing Petitions against Persons in favour though in point of Bribery and corruption in Judicatory and the like of other Petitions from whole Counties for the preservation of the Government of the Church as from Notinghamshire and Somerseshire whilst others against it were received with great countenance and approbation from mean unknown People the getting with great labour and Faction several hands to Petitions from Counties and then framing new Petitions at London and annexing the hands formerly gotten in the Country to those Petitions of which they who subscribed their hands know nothing as in the Petition of Buckinghamshire and the setting names in London to Petitions in the name of as if they had been subscribed in remote Counties the usurping of Jurisdictions to supersede Acts of Parliament and to dispense with the breach of Laws in force the suffering undutiful and disloyal language against the Sacred Person of the King without so much as Reprehension and the denying His Majesty's Negative Voice we insist not so much on though very prejudicial and scandalous to the Privileges and Honour of Parliament as on those Acts of Force and Violence which are contrary and destructive to the Freedom and Liberty of Parliament Shortly after His Majesty returned from Scotland there being a very long debate in the House of Commons concerning an unparliamentary Remonstrance to be published to the People of the State of the Kingdom which many of us then thought might prove prejudicial to the Peace thereof Captain Venne then a Member of the House of Commons who had before bragged of having brought down the People upon the two Houses and so drawn Resolutions from them sent Notes in writing under his Hand into the City that the People should come down to Westminster for that the better part of the House was like to be over-powered by the worser part whereupon both at that time and some days after Multitudes of the meanest sort of people with weapons not agreeing with their condition or custom in a manner very contrary and destructive to the Privilege of Parliament filled up the way between both Houses offering Injuries both by words and actions to and laying violent hands upon several Members proclaiming the Names of several of the Peers as evil and rotten-hearted Lords crying out many hours together against the established Laws in a most tumultuous and menacing way This action of Captain Venne's was complained of to the House of Commons and Witnesses offered to prove it a fellow who had assaulted and reproached a Member of the House of Commons in those Tumults was complained of and shewed to the House in the number of those who brought a Petition to the Bar and yet in neither of these cases Justice or so much as an Examination could be obtained Upon a suggestion and pretence of Danger and suit made to His Majesty a Guard was allowed and appointed by Him for the Security of both Houses shortly after this Guard was refused and discharged by themselves and a new Guard appointed by them without His Majesty's Consent thereby to awe all those who concurred not with them A legal Writ issuing out by the direction of the House of Peers under the Great Seal of England to prevent those Tumults which daily infested both Houses the Justices of the Peace for executing that Writ according to their Oaths were imprisoned by the House of Commons A Commission under the Great Seal of England for enquiry after Riots committed in Southwark was likewise superseded by an Order of the House of Commons and when the Lords desired by several Messages that the House of Commons would joyn with them in a Declaration against Tumults they refused or neglected to joyn with them it being said by Mr. Pym in the House of Commons God forbid we should dishearten our Friends who came to assist us And albeit some of the Lords professed that if the People were again drawn down in that tumultuous manner they would no more come to the House and albeit an Order was made that in such a case the House should be presently adjourned yet those Tumults again appearing that Order though urged by several Lords was not suffered to be executed The House of Commons having desired the House of Peers to join with them in desiring His Majesty that the Militia of this Kingdom might be put into such hands as both Houses did confide in and this desire having been put to the Question and carried negatively by much the major part of the Lords it being again resumed at another time contrary to the course of Parliament the debate was begun with a Declaration made by several of those Lords against whom that Question was twice carried by Votes and that by much the major part that whosoever refused in this particular to joyn with the House of Commons were in their opinions enemies to the State words destructive from the Liberty and Freedom of debate During the time that this business of the Militia was in debate that is before it had the approbation and consent of the House of Peers a Petition in a tumultuous manner was delivered to the House of Lords in the name of the Knights Gentlemen Free-holders and others the Inhabitants of the County of Hartford reckoning up the causes of the present Fears Troubles and Distractions and amongst them the want of Compliance in that Honourable House with the House of Commons in entertaining those many good motions and passing those necessary Bills presented to them from that House for the publick good and desiring liberty to protest against all those as Enemies to the publick who refused to joyn with the Honourable Lords whose endeavours were for the publick good and with the House of Commons for the putting the Kingdom into a posture of Safety under the Command of such persons as the Parliament should appoint Several Petitions of the same nature particularly one under the Title of the Knights Gentlemen Free-holders and other Inhabitants of the
the composing and ending of those unhappy Differences and Distractions about which so much blood hath been already spilt which Treaty may by the blessing of God who is the disposer of all mens hearts and of all events be a means to produce a Peace and whereas it is the Duty and hath been the practice of Christians under Affliction to set apart some time for publick and solemn Humiliation and Prayer for removing of God's Judgments and particularly for a Blessing and good Success to the means conducing to their Deliverance We do therefore by this Our Praclamation appoint and streightly charge and command that on Wednesday being the 5. of February next ensuing a solemn Fast be kept in all places within Our Dominions whither the notice of this Our Proclamation shall or may come before that time that both Prince and People may then joyn together in a true Humiliation and Devout and earnest Prayers to God that He would be pleased so to bless and prosper this intended Treaty that it may produce a happy Peace in all Our Dominions such as may be for his Honour and the good of His Church and of Us and all Our Subjects And We do hereby charge and require all Our Subjects of what degree or condition soever they be which shall have notice of this Our Proclamation That they do religiously prepare and apply themselves to a due observation of the same by Fasting Humiliation and Prayer on that day and in hearing of God's Word as they will answer to God their neglect of this Christian Duty and as will Answer to Us their neglect of this Our just and necessary Command And for the better and more orderly observation of this Fast We do hereby appoint that the Form of Prayer and Service of God set forth in the Book heretofore published for the Monthly Fast with such Alterations and Additions as shall be prepared and fitted for this present purpose and published in Print before the said day shall be used in all Churches and Chapels where this Fast shall be kept Given at Our Court at Oxford this 27. day of January in the Twentieth year of Our Reign 1644. God Save the KING HIS Majesty having received an Account from His Commissioners of their proceedings in the late Treaty at Vxbridge to the end that all His People may be fully satisfied of His earnest and constant endeavours to procure the publick 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 Majesty's Message from Evesham of the 4. of July last desiring and propounding a Treaty for Peace and His second Message from Tavestock of the 8. of September last renewing that desire at length on the 23. day of November last past the Earl of Denbigh and others repaired to His Majesty at Oxford with Propositions in these words following VVE Your Majesty's Loyal Subjects assembled in the Parliaments of both Your Kingdoms from the sense of that Duty we owe unto Your Majesty and of the deep Sufferings and many Miseries under which Your People of all Your Kingdoms lie bleeding in this unnatural War after long and serious consultation about the best ways and means of their Preservation and for settling Your Majesty's Throne and Your Subjects in Peace and Security have with common consent resolved upon these Propositions which we do humbly tender unto Your Majesty The humble Desires and Propositions for a safe and well-grounded Peace agreed upon by the mutual Advice and Consent of the Parliaments of both Kingdoms united by solemn League and Covenant to be presented to His Majesty I. That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations against both or either of the Houses of the Parliament of England and the late Convention 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 Outlawries and Attainders against any for the said Causes be declared Null suppressed and forbidden and that this be publickly intimated in all Parish-Churches within His Majesty's Dominions and all other places needful II. That His Majesty according to the laudable Example of His Royal Father of happy memory may be pleased to swear and sign the late solemn 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 mutual Advice of both Kingdoms shall be agreed upon III. That the Bill be passed for the utter abolishing and taking away of all Archbishops Bishops their Chancellours and Commissaries Deans and Sub-deans Deans and Chapters Arch-deacons Canons and Prebendaries and all Chaunters Chancellours Treasurers Sub-treasurers Succentors and Sacrists and all Vicars Choral and Choristers old Vicars and new Vicars of any Cathedral or Collegiate 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 joint Declaration of both Kingdoms IV. That the Ordinance concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament V. That Reformation of Religion according to the Covenant be settled 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 Uniforminy in matters of Religion that such Unity and Uniformity in Religion according to the Covenant as after Consultation had with the Divines of both Kingdoms 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 VI. That for the more effectual disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and deluding the Laws 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 Host Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appointed by the said Act to be sufficient conviction in Law of Recusancy VII An Act of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion VIII An Act for the true levying of the Penalties against them
Estates of the Parliament in Scotland or the said Commissioners of that Kingdom whereof they are Subjects and that in those cases of joynt concernment 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 Kingdoms 4. To order the War of Ireland according to the Ordinance of the 11 th of April and to order the Militia and conserve the peace of the Kingdom of Ireland XVIII That His Majesty give His assent to what the two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished XIX That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the great Seal deserted the Parliament and that the said great Seal 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 20. day of May 1642. being the day that both Houses declared That the King seduced by evil Counsel intended to raise War against the Parliament be declared null and void The like for the Kingdom of Scotland those being excepted whose Patents were passed the great Seal before the 4. of June 1644. XX. That by Act of Parliament the Deputy or chief Governour or other Governours of Ireland be nominated by both Houses of Parliament or in the Intervals of Parliament by the Commissioners to continue during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the said Houses or in the Intervals 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 Seal or Treasury Lord Warden of the Cinque-Ports Chancellors of the Exchequer and Dutchy Secretaries of State Judges of both Benches and of the Exchequer of the Kingdoms of England and Ireland be nominated by both Houses of Parliament to continue quamdiu se bene gesserint and in the Intervals 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 General and in such manner as the Estates in Parliament there shall think fit XXI That by Act of Parliament the Education of Your Majesty's Children and the Children of Your Heirs and Successors be in the true Protestant Religion and that their Tutors and Governours be of known Integrity and be chosen by the Parliaments of both Kingdoms or in the Intervals 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 only as are of the true Protestant Religion if they be Female they may not be marryed but with the advice and consent of both Parliaments or in the Intervals of Parliament by their Commissioners XXII That Your Majesty will give Your Royal Assent to such ways and means as the Parliaments of both Kingdoms shall think fitting for the uniting of the Protestant Princes and for the entire Restitution and Re-establishment of Charles Lodwick Prince Elector Palatine His Heirs and Successors to His Electoral 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 blood-shed and mischief against both Kingdoms XXIII That by Act of Parliament the concluding of Peace or War with Foreign Princes and States be with advice and consent of both Parliaments or in the Intervals of Parliaments by their Commissioners XXIV That an Act of Oblivion be passed in the Parliaments of both Kingdoms respectively relative to the Qualifications in the Propositions aforesaid concerning the joint Declaration of both Kingdoms with the exception of all Murderers Thieves and other Offenders not having relation to the War XXV That the Members of both Houses of Parliaments 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 Kingdom of Scotland XXVI That the Armies may be Disbanded at such time and in such manner as shall be agreed upon by the Parliaments of both Kingdoms or such as shall be Authorized by them to that effect XXVII That an Act be passed for the granting and confirming of the Charters Customs 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-Council assembled or such as they shall from time to time appoint 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 Command of the Lord Major Aldermen and Commons in Common-Council of the said City to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removable by the Common-Council 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 And for prevention of Inconveniences which may happen by the long intermission of Common-Councils it is desired that there be an Act that all By-Laws and Ordinances already made or hereafter to be made by the Lord Major Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating of the same shall be as effectual 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-Council may add to or repeal 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 Upon consideration of which Propositions His Majesty sent the Duke of Richmond and the Earl of Southampton with this Message of the 13. of December HIS Majesty hath seriously
the latter part what Jurisdiction the Commissioners shall have who may determine all differences that shall be by breach of the Articles of Peace and by what Law and Rule they shall proceed to hear and determine the same is clearly set down in our further Answer of the 15. of this instant to your second Paper delivered in to us the day before The King's Commissioners Answer thereunto 17. Feb. VVE had great reason to desire a perfect and full Answer from your Lordships to our first and second Papers delivered by us to your Lordships on the 15. of Feb. and we desire your Lordships to consider how difficult a thing it is for us to give your Lordships a satisfactory Answer to your Propositions as they relate to either or both Kingdoms or to the Power of the Commissioners of both Kingdoms as they are to be a joynt Committee to hear and determine all differences according to Instructions from both Houses of Parliament of England or the Estates of the Parliament of Scotland before your Lordships are pleased to inform us whether you intend the Commissioners of Scotland shall have any Power or Authority in the settling all Forces by Sea and Land in this Kingdom and what Authority they shall have and whether the Advice Instructions or Orders of the Estates of the Parliament of Scotland shall have any influence upon the affairs of this Kingdom or the Commissioners to be named according to those Propositions otherwise than as the said Advice Instructions or Orders shall be approved and confirmed by the two Houses of Parliament of England and what Jurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of the Peace and by what Law or Rule they shall proceed try and judge in the hearing and determining the same In all which particulars we are very sorry that we can receive no Answers from your Lordships for want whereof we may fail in giving your Lordships so satisfactory Answers to your Propositions as otherwise we might be enabled to do Their Reply 17. Feb. IT is clearly expressed in our Propositions delivered to your Lordships that all Forces by Sea and Land in this Kingdom are to be settled by the two Houses of the Parliament of England and in the Kingdom of Scotland by the Estates of the Parliament there and we conceive that the Advice Instructions or Orders of either Kingdom are to have no influence upon the affairs 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 clear Answer thereunto in our 5. Paper of the 15. of February The King's Commissioners Paper 17. Feb. IN the twelfth Proposition your Lordships desire an Act to be passed for confirmation of the late Treaty for the settling of the Garrison of Berwick of the 29 of Novem. 1643. which relating to the business 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 concerns the Act for Confirmation of the late 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. Feb. VVE desire to know whether by the joynt Power mentioned in your Lordships Propositions to be given to the Commissioners for both Kingdoms to preserve the Peace between the Kingdoms and the King and every one of them your Lordships do intend any other than Military power for suppressing Forces only which is expressed after in a distinct Clause by it self and if your Lordships do 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 in the 17. Proposition is there fully expressed to preserve the Peace betwixt the Kingdoms to prevent the violation of it or any Troubles arising in the Kingdoms by breach of the Articles and to hear and determine all differences which may occasion the same according to the Treaty and to raise Forces to resist Foreign Invasion and suppress intestine Insurrections as is more at large set down in the Proposition to which we refer your Lordships The King's Commissioners Paper 17. Feb. VVE desire to know whether the Commissioners of both Kingdoms meeting as a joynt Committee the Commissioners of each Kingdom shall have a Negative Voice 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 Kingdoms Their Answer 17. Feb. IN all matters of joynt concernment the Commissioners of both Kingdoms are to act joyntly and when they shall meet as a joynt Committee upon such matters of joynt concernment the Commissioners of each Kingdom are to have a Negative Voice and in doubtful cases not expressed in the 17. 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 Intervals of Parliament if the cases be such as cannot without prejudice to both or either Kingdom admit of delay we conceive the Commissioners of each Kingdom 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. Feb. VVE desire to know whether by the Propositions for settling the Forces in Commissioners to be nominated by both Houses of Parliament such as both Kingdoms 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 Kingdom 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 plain by the Proposition it self that the Commissioners of both Kingdoms are respectively to be nominated by the Parliaments of either Kingdom 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. Feb. VVE desire to know whether your Lordships intend by your Proposition concerning the settling of the Admiralty of Scotland by Act of Parliament to alter the inheritance of any person which is already settled by the Laws of that Kingdom Their Answer thereunto 15. February TO your Lordships fourth Paper of the 14. of Feb. it is answered that by our Propositions for settling the Admiralty of Scotland by Act of
because the private Interest of the Subscribers for Money was concerned in it To which we give this Answer That their Interest was conditional upon Payment of their Moneys for the maintenance of the War which was not performed and that if they had paid their Moneys yet this Cessation was rather for the advance of that Interest there being as it appears by the Papers no other visible means of preservation of the Army in Ireland and that the Statute which gave that private Interest doth not take away the Kings Power of making a Cessation and we conceive that Argument of Interest was waved But if your Lordships shall insist upon it we again desire as we did formerly that a Case may be made of it and that the Debate may be again resumed Neither do we know that any Argument was used by your Lordships from the Proceedings in Parliament and if you shall give any we shall be ready to answer it And we conceive that the Advice given to his Majesty from the Lords Justices and Council of Ireland and the Testimony of the Officers of the Army expressing the miserable condition of that Kingdom and inability to bear the War should appear to your Lordships to be just grounds for His Majesties assenting to the Cessation One of the Letters delivered by us to your Lordships bearing date the fourth of April 1643. was sent by the Lords Justices and Council of Ireland to Mr. Secretary Nicholas in which was inclosed their Letter to the Speaker of the House of Commons of which your Lordships have likewise an Extract and a Remonstrance of the Officers of the Army to the Lords Justices and Council there and the other Letter of the fifth of May 1643. to His Majesty was from the Lords Justices and Council of that Kingdom All which if your Lordships please shall be examined by you with the Originals And we are therefore of opinion that our Answer formerly delivered is a good Answer to the point of Cessation in question and that it was not unfit for His Majesty to agree to that Cessation nor destructive to the Protestant Religion nor for the advantage of the Popish Rebels but much for the advantage of the Protestant Subjects there who were in apparent hazard of Destruction by Force and Famine occasioned by the want of Supplies which had been promised to them as we have formerly said And we shall give your Lordships a further Answer to your other Propositions concerning Ireland when the time comes again for that Debate Here ended the first three days of the Treaty concerning Ireland and the night before the return of the next three days their Commissioners delivered this Paper 17. February WE conceived that the Arguments used by us that His Majesty neither had nor hath Power to make the Cessation with the Rebels of Ireland might have fully satisfied your Lordships and if any Doubts yet remain we are ready by Conference to clear them Your Lordships may well call to mind the several Clauses we insisted upon in the Statute and the Arguments we have given from the common-Common-Law and other Proceedings in Parliament And we do affirm that several great Sums of Money were paid by particular Persons and by Corporations who according to the true intent of the Statute ought to have the benefit of the same according to divers other Acts of Parliament in pursuance thereof and upon failer of Payment by any particular Persons the Forfeiture was to accrue to the common benefit of the rest not failing and we do deny that the Argument of Interest was at all waved by us And we conceive those Wants alledged by your Lordships if any such were in justifying the Cessation were supplied from time to time by the Houses of Parliament until His Majesties Forces were so quartered in and about the common Roads to Ireland that Provisions going thither were intercepted and neither Money Cloaths Victuals or other things could pass by Land with safety to be transported And when that both Houses of Parliament were desirous further to supply those Wants and for that purpose did tender a Bill to His Majesty it was refused And we will still alledge that we have no reason to be satisfied concerning the Cessation by any Arguments used by your Lordships or by any thing contained in the Extracts of the Letters and Papers delivered to us by your Lordships as from the Lords Justices and Council of Ireland and the Officers of the Army nor though desired by us have your Lordships afforded us liberty to compare those Extracts with the Originals whereby we might have the Names of the Persons by whom they were written which we now again desire We are therefore still clearly of opinion as is expressed in our former Paper of the 10. of February concerning the Cessation and do desire your Lordships full Answer to our Demands concerning Ireland The King's Commissioners Answer 18. Feb. WE did not conceive that your Lordships had believed that any Arguments used by you could satisfie us against His Majesties Power to make a Cessation with the Rebels in Ireland which appears to have been made by him by the Advice of His Council there and for the Preservation of His Majesties Protestant Subjects of that Kingdom who in all probability would have perished by Famine and the Sword if that Cessation had not been made and we shall be very ready to receive farther Information from your Lordships by Conference or otherwise in that particular either concerning any Clauses in the Statute or Arguments at Common-Law or Proceedings of Parliament your Lordships having never mentioned the one or made any Case upon the other upon which you intend to insist And for the several great Sums of Money that were paid by particular Persons and Corporations upon that Statute mentioned by your Lordships we are sorry that we are compelled by your Lordships insisting thereon to inform your Lordships that His Majesty had clear Information that not only much of the money raised by the Act for the four hundred thousand Pound which was passed for the better suppressing that most wicked and execrable Rebellion in Ireland and for the payment of the Debts of this Kingdom but also of the Money raised by the Statute on which your Lordships insist for the speedy and effectual reducing of the Rebels of Ireland c. and other Moneys raised by Contribution and Loan for the relief of His Majesties distressed Subjects of that Kingdom were expended contrary to the intent of the Acts by which the same were levied and of the Persons who lent and contributed the same towards the maintenance of the Forces in this Kingdom under the Command of the Earl of Essex and that many Regiments of Horse and Foot levied for the War of Ireland under the Command of the Lord Wharton the Lord Kerry Sir Faithful Fortescue and others were likewise imployed in that Army under the Earl of Essex at Edge-hill and therefore His Majesty
Obedience to Our Commands We doubt not of your care in this wherein Our Service and the good of Our Protestant Subjects in Ireland is so much concerned From Newcastle June 11. 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace Sent to His Majesty at Newcastle by the Right Honourable the Earl of Pembroke and Montgomery the Earl of Suffolk Members of the House of Peers and Sir VValter Earle Sir John Hippesly Knights Robert Goodwyn Luke Robinson Esquires Members of the House of Commons Die Sabbathi 11. Julii 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace May it please your Majesty WE the Lords and Commons assembled in the Parliament of England in the name and on the behalf of the Kingdoms of England and Ireland and the Commissioners of the Parliament of Scotland in the name and on the behalf of the Kingdom of Scotland do humbly present unto Your Majesty the humble Desires and Propositions for a safe and well-grounded Peace agreed upon by the Parliaments of both Kingdoms respectively unto which we do pray Your Majesties Assent and that they and all such Bills as shall be tendred to Your Majesty in pursuance of them or any of them may be Established and Enacted for Statutes and Acts of Parliament by Your Majesties Royal Assent in the Parliaments of both Kingdoms respectively I. WHereas both Houses of the Parliament of England have been necessitated to undertake a War in their just and lawful defence and afterwards both Kingdoms of England and Scotland joyned in solemn League and Covenant were engaged to prosecute the same That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations heretofore had or hereafter to be had against both or either of the Houses of the Parliament of England the Parliament of the Kingdom of Scotland and the late Convention 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 or for doing or executing any Office Place or Charge by any Authority derived from them and all Judgments Indictments Outlawries Attainders and Inquisitions in any the said Causes and all Grants thereupon made or had or to be made or had be declared null suppressed and forbidden And that this be publickly intimated in all Parish-Churches within His Majesties Dominions and all other places needful II. That His Majesty according to the laudable Example of His Royal Father of happy memory may be pleased to swear and sign the late solemn 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 Parliament respectively with such Penalties as by mutual advice of both Kingdoms shall be agreed upon III. That a Bill be passed for the utter abolishing and taking away of all Archbishops Bishops their Chancellors and Commissaries Deans and Sub-deans Deans and Chapters Archdeacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Subtreasurers Succentors and Sacrists and all Vicars Choral and Choristers old Vicars and new Vicars of any Cathedral or Collegiate 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 Edenburg 29. November 1643. and joynt Declaration of both Kingdoms IV. That the Ordinances concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament V. That Reformation of Religion according to the Covenant be settled by Act of Parliament in such manner as both Houses have agreed or shall agree upon after Consultation had with the Assembly of Divines VI. Forasmuch 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 Kingdoms now assembled is or shall be joyntly agreed upon by both Houses of Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively VII That for the more effectual disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and deluding the Laws 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 Host Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appointed by the said Act to be a sufficient Conviction of Recusancy VIII An Act of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion IX An Act for the true levy of the Penalties against them which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no loss X. That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duely executed and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this Kingdom XI The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of the Parliament there shall think fit XII That the King do give His Royal Assent to an Act for the due Observation of the Lords Day And to the Bill for the suppression of Innovations in Churches and Chappels in and about the Worship of God c. And for the better advancement of the Preaching of God's holy Word in all parts of this Kingdom And to the Bill against the enjoying of Pluralities of Benefices by Spiritual Persons and Non-Residency And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colledges of Westminster Winchester and Eaton And to such Act or Acts for raising of Moneys for the payment and satisfying of the Publick Debts and Damages of the Kingdom and other Publick uses as shall hereafter be agreed on by both Houses of Parliament and that if the King do not give His Assent thereunto then it being done by both Houses of Parliament the same shall be as valid to all Intents and Purposes as if the Royal Assent had been given thereunto The like for the Kingdom of Scotland And that His Majesty give assurance of His consenting in the
of such late Members of either House of Parliament as sate in the unlawful Assembly at Oxford and shall not have rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 3. Branch That one full moiety of the Estates of such Persons late Members of either of the Houses of Parliament who have deserted the Parliament and adhered to the Enemies thereof and shall not have rendred themselves before the first of Decemb. 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 10. Qualification That a full third part on the value of the Estates of all Judges and Officers towards the Law Common or Civil and of all Serjeants Councellors and Attorneys Doctors Advocates and Proctors of the Law Common or Civil and of all Bishops Clergy-men Masters and Fellows of any Colledge or Hall in either of the Universities or elsewhere and of all Masters of Schools or Hospitals and of Ecclesiastical Persons who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom That a full sixth part on the full value of the Estates of the Persons excepted in the sixth Qualification concerning such as have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof and are disabled according to the said Qualification to be taken and employed for the payment of the publick Debts and Damages of the Kingdom 11. Qualification That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth two hundred pounds Sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth one hundred pounds Sterling be at liberty and discharged 1. Branch This Proposition to stand as to the English and as to the Scots likewise if the Parliament of Scotland or their Commissioners shall so think fit 2. Branch That the first of May last is now the day limited for the persons to come in that are comprised within the former Qualification That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and Proportions before mentioned may be levied and applied to the discharge of the said Engagements The like for the Kingdom of Scotland if the Estates of Parliament or such as shall have power from them shall think fit XVII That an Act of Parliament be passed to declare and make void the Cessation of Ireland and all Treaties and Conclusions of Peace or any Articles thereupon with the Rebels 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 them and the King to assist and to do no Act to discountenance or molest them therein That Reformation of Religion according to the Covenant be setled in the Kingdom of Ireland by Act of Parliament in such manner as both Houses of the Parliament of England have agreed or shall agree upon after Consultation had with the Assembly of Divines here That the Deputy or chief Governour or other Governours of Ireland and the Presidents of the several Provinces of that Kingdom be nominated by both the Houses of the Parliament of England or in the Intervals of Parliament by such Committees of both Houses of Parliament as both Houses of the Parliament of England shall nominate and appoint for that purpose and that the Chancellour or Lord Keeper Lord Treasurer Commissioners of the great Seal or Treasury Lord Warden of the Cinque-ports Chancellour of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of the Kingdoms of England and Ireland and the Vice-Treasurer and Treasurers at Wars of the Kingdom of Ireland be nominated by both Houses of the Parliament of England to continue quam diu se bene gesserint and in the Intervals of Parliament by the fore-mentioned Committees to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland concerning the nomination of the Lords of the Privy Council Lords of Session and Exchequer Officers of State and Justice General in such manner as the Estates of the Parliament there shall think fit XVIII That the Militia of the City of London and Liberties thereof may be in the ordering and government of the Lord Maior Aldermen and Commons in Common Council assembled or such as they shall from time to time appoint whereof the Lord Maior and Sheriffs for the time being to be three to be imployed and directed from time to time in such manner as shall be agreed on and appointed by both Houses of Parliament That no Citizen of the City of London nor any of the Forces of the said City shall be drawn forth or cempelled to go out of the said City or Liberties thereof for Military service without their own free Consent That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Misuser or Abuser That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Council And for prevention of inconveniences which may happen by the long intermission of Common-Councils it is desired that there may be an Act that all by-Laws and Ordinances already made or hereafter to be made by the Lord Maior Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating the same Common-Councils shall be as effectual in Law to all Intents and Purposes as if the same were particularly Enacted by the Authority of Parliament and that the Lord Maior Aldermen and Commons in Common-Council may add to or repeal 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 further Safety Welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament XIX That all Grants Commissions Presentations Writs Process Proceedings and other things passed under the Great Seal of England in the custody of the Lords and other Commissioners appointed by both Houses of Parliament for the custody thereof be and by Act of Parliament with the Royal Assent shall be declared and Enacted to be of like full force and effect to all intents and purposes as the same or like Grants Commissions Presentations Writs Process Proceedings and
but even passing by that which he might well insist upon a Point of Honour in respect of his present Condition thus answers the first Proposition That upon his Majesties coming to London He will heartily joyn in all that shall concern the Honour of his two Kingdoms or the Assembly of the States of Scotland or of the Commissioners or Deputies of either Kingdom particularly in those things which are desired in that Proposition upon confidence that all of them respectively with the same Tenderness will look upon those things which concern his Majesties Honour In answer to all the Propositions concerning Religion his Majesty proposeth that he will confirm the Presbyterial Government the Assembly of Divines at VVestminster and the Directory for Three years being the time set down by the Two Houses so that his Majesty and his Houshold be not hindred from that Form of God's Service which they formerly have And also that a free Consultation and Debate be had with the Divines at VVestminster Twenty of his Majesties Nomination being added unto them whereby it may be determined by his Majesty and the Two Houses how the Church shall be governed after the said Three years or sooner if Differences may be agreed Touching the Covenant his Majesty is not yet therein satisfied and desires to respite his particular Answer thereunto until his coming to London because it being a matter of Conscience he cannot give a Resolution there in till he may be assisted with the Advice of some of his own Chaplains which hath hitherto been denied him and such other Divines as shall be most proper to inform him therein and then he will make clearly appear both his Zeal to the Protestant Profession and the Union of these two Kingdoms which he conceives to be the main drift of this Covenant To the Seventh and Eighth Propositions his Majesty will consent To the Ninth his Majesty doubts not but to give good satisfaction when he shall be particularly informed how the said Penalties shall be levied and disposed of To the Tenth his Majesties Answer is That he hath been always ready to prevent the practices of Papists and therefore is content to pass an Act of Parliament for that purpose and also that the Laws against them be duly executed His Majesty will give his Consent to the Act for the due Observation of the Lord's day for the suppressing of Innovations and those concerning the preaching of God's Word and touching Non-residence and Pluralities and his Majesty will yield to such Act or Acts as shall be requisite to raise moneys for the payment and satisfying all publick Debts expecting also that his will be therein included As to the Proposition touching the Militia though his Majesty cannot consent unto it in terminis as it is proposed because thereby he conceives he wholly parts with the power of the Sword entrusted to him by God and the Laws of the Land for the Protection and Government of his People thereby at once devesting himself and dis inheriting his Posterity of that Right and Prerogative of the Crown which is absolutely necessary to the Kingly Office and so weaken Monarchy in this Kingdom that little more than the Name and Shadow of it will remain yet if it be onely security for the preservation of the Peace of this Kingdom after the unhappy Troubles and the due performance of all the Agreements which are now to be concluded which is desired which his Majesty always understood to be the case and hopes that herein he is not mistaken his Majesty will give abundant satisfaction To which end he is willing by Act of Parliament That the whole power of the Militia both by Sea and Land for the space of Ten years be in the hands of such Persons as the Two Houses shall nominate giving them power during the said Term to change the said Persons and substitute others in their places at pleasure and afterwards to return to the proper Chanel again as it it was in the times of Queen Elizabeth and King James of blessed memory And now his Majesty conjures his two Houses of Parliament as they are English-men and lovers of Peace by the Duty they owe to his Majesty their King and by the bowels of Compassion they have to their fellow-Subjects that they will accept of this his Majesties Offer whereby the joyful News of Peace may be restored to this languishing Kingdom His Majesty will grant the like to the Kingdom of Scotland if it be desired and agree to all things that are propounded touching the conserving of Peace betwixt the two Kingdoms Touching Ireland other things being agreed His Majesty will give Satisfaction therein As to the mutual Declarations proposed to be established in both Kingdoms by Act of Parliament and the Modifications Qualifications and Branches which follow in the Propositions his Majesty onely professes that He doth not sufficiently understand nor is able to reconcile many things contained in them but this He well knoweth that a general Act of Oblivion is the best bond of Peace and that after Intestine Troubles the Wisdom of this and other Kingdoms hath usually and happily in all Ages granted general Pardons whereby the numerous discontentments of many Persons and Families otherwise exposed to ruine might not become fewel to new Disorders or seeds to future Troubles His Majesty therefore desires that His two Houses of Parliament would seriously descend into these Considerations and likewise tenderly look upon His condition herein and the perpetual dishonour that must cleave to Him if He shall thus abandon so many Persons of Condition and Fortune that have engaged themselves with and for him out of a sense of Duty and propounds as a very acceptable testimony of their Affection to him That a general Act of Oblivion and free Pardon be forthwith passed by Act of Parliament Touching the new Great Seal His Majesty is very willing to confirm both it and all the Acts done by virtue thereof until this present time so that it be not thereby pressed to make void those Acts of His done by virtue of his Great Seal which in Honour and Justice He is obliged to maintain and that the future Government thereof may be in His Majesty according to the due course of Law Concerning the Officers mentioned in the 19. Article His Majesty when He shall come to Westminster will gratifie His Parliament all that possibly He may without destroying the alterations which are necessary for the Crown His Majesty will willingly consent to the Act for the confirmation of the Priviledges and Customs of the City of London and all that is mentioned in the Propositions for their particular advantage And now that His Majesty hath thus far endeavoured to comply with the desires of His two Houses of Parliament to the end that this Agreement may be firm and lasting without the least face or question of restraint to blemish the same His Majesty earnestly desires presently to be admitted to His Parliament at
and Consent of the said Lords and Commons or of such Committees or Council in the Intervals of Parliament as they shall appoint 3. That during the same space of ten years the said Lords and Commons may by Bill or Ordinance raise and dispose of what Moneys and for what Forces they shall from time to time find necessary as also for payment of the Publick Debts and Damages and for all other the Publick uses of the Kingdom 4. And to the end the temporary Security intended by the three particulars last precedent may be the better assured it may therefore be provided That no Subjects that have been in Hostility against the Parliament in the late War shall be capable of bearing any Office of Power or publick Trust in the Commonwealth during the space of five years without Consent of Parliament or of the Council of State or to sit as Members or Assistants of either House of Parliament until the second Biennial Parliament be past III. For the present form of disposing the Militia in order to the Peace and Safety of this Kingdom and the Service of Ireland 1. That there be Commissioners for the Admiralty a Vice-Admiral and Rere-Admiral now to be agreed on with power for the forming regulating appointing of Officers and providing for the Navy and for ordering the same to and in the ordinary Service of the Kingdom and that there be a sufficient provision and establishment for Pay and maintenance thereof 2. That there be a General for Command of the Land-Forces that are to be in pay both in England Ireland and Wales both for Field and Garrison 3. That there be Commissioners in the several Counties for the standing Militia of the respective Counties consisting of Trained Bands and Auxiliaries not in pay with power for the proportioning forming regulating training and disciplining of them 4. That there be a Council of State with power to superintend and direct the several and particular powers of the Militia last mentioned for the Peace and Safety of this Kingdom and of Ireland 5. That the same Council may have power as the King 's Privy Council for and in all Forreign Negotiations provided That the making of War or Peace with any other Kingdom or State shall not be without the Advice and Consent of Parliament 6. That the said power of the Council of State be put into the hands of trusty and able persons now to be agreed on and the same persons to continue in that power si bene se gesserint for a certain Term not exceeding seven years 7. That there be a sufficient establishment now provided for the Salary Forces both in England and Ireland the establishment to continue until two Months after the meeting of the first Biennial Parliament IV. That an Act be passed for disposing the great Offices for ten years by the Lords and Commons in Parliament or by such Committees as they shall appoint for that purpose in the Intervals with submission to the Approbation of the next Parliament and after ten years they to nominate three and the King out of that number to appoint one for the succession upon any vacancy V. That an Act be passed for restraining of any Peers made since the 21. day of May 1642. or to be hereafter made from having any power to sit or vote in Parliament without Consent of both Houses VI. That an Act be passed for recalling and making void all Declarations and other Proceedings against the Parliament or against any that have acted by or under their Authority in the late War or in relation to it and that the Ordinances for Indemnity may be confirmed VII That an Act be passed for making void all Grants c. under the Great Seal that was conveyed away from the Parliament since the time that it was so conveyed away except as in the Parliaments Propositions and for making those valid that have been or shall be passed under the Great Seal made by the Authority of both Houses of Parliament VIII That an Act be passed for Confirmation of the Treaties between the two Kingdoms of England and Scotland and for appointing Conservators of the Peace betwixt them IX That the Ordinance for taking away the Court of Wards and Liveries be confirmed by Act of Parliament Provided His Majesties Revenue be not damnified therein nor those that last held Offices in the same left without reparation some other way X. An Act to declare void the Cessation of Ireland c. and to leave the prosecution of that War to the Lords and Commons in the Parliament of England XI An Act to be passed to take away all Coercive Power Authority and Jurisdiction of Bishops and all other Ecclesiastical Officers whatsoever extending to any Civil Penalties upon any and to repeal all Laws whereby the Civil Magistracy hath been or is bound upon any Ecclesiastical Censure to proceed ex officio unto any Civil Penalties against any persons so censured XII That there be a repeal of all Acts or Clauses in any Act enjoyning the use of the Book of Common Prayer and imposing any Penalties for neglect thereof as also of all Acts or Clauses in any Act imposing any penalty for not coming to Church or for Meetings elsewhere for Prayer or other Religious Duties Exercises or Ordinances and some other provision to be made for discovering of Papists and Popish Recusants and for disabling of them and of all Jusuites or Priests from disturbing the State XIII That the taking of the Covenant be not enforced upon any nor any penalties imposed upon the Refusors whereby men might be constrained to take it against their Judgments or Consciences but all Orders or Ordinances tending to that purpose to be repealed XIV That the things here before proposed being provided for settling and securing the Rights Liberties Peace and Safety of the Kingdom His Majesties Person His Queen and Royal Issue may be restored to a Condition of Safety Honour and Freedom in this Nation without diminution to their Personal Rights or further Limitation to the Exercise of the Regal Power than according to the particulars aforegoing XV. For the matter of Compositions 1. That a less number out of the Persons excepted in the two first Qualifications not exceeding five for the English being nominated particularly by the Parliament who together with the persons in the Irish Rebellion included in the third Qualification may be reserved to the future Judgment of the Parliament as they shall find cause all other excepted persons may be remitted from the Exception and admitted to Composition 2. That the Rates for all future Compositions may be lessened and limitted not to exceed the several proportions hereafter exprest respectively That is to say 1. For all persons formerly excepted not above a third part 2. For the late Members of Parliament under the first Branch of the fourth Qualification in the Propositions a fourth part 3. For other Members of Parliament in the second and third Branches of the
Distempers concerning Church-Discipline and that the Presbyterian Government is now in practice his Majesty to eschew Confusion as much as may be and for the satisfaction of his two Houses is content that the said Government be legally permitted to stand in the same condition it now is for three years provided that his Majesty and those of his Judgment or any other who cannot in Conscience submit thereunto be not obliged to comply with Presbyterial Government but have free practice of their own Profession without receiving any prejudice thereby and that a free Consultation and debate be had with the Divines at Westminster twenty of his Majesties nomination being added unto them whereby it may be determined by his Majesty and the two Houses how the Church-Government after the said time shall be settled or sooner if Differences may be agreed as is most agreeable to the Word of God with full Liberty to all those who shall differ upon conscientious grounds from that settlement always provided that nothing aforesaid be understood to tolerate those of the Popish Profession nor the exempting of any Popish Recusant from the penalties of the Laws or to tolerate the publick profession of Atheism or Blasphemy contrary to the Doctrine of the Apostles Nicene and Athanasian Creeds they having been received by and had in reverence of all the Christian Churches and more particularly by this of England ever since the Reformation Next the Militia being that Right which is inseparably and undoubtedly inherent in the Crown by the Laws of this Nation and that which former Parliaments as likewise this hath acknowledged so to be his Majesty cannot so much wrong that Trust which the Laws of God and this Land hath annexed to the Crown for the Protection and Security of his People as to devest himself and Successors of the power of the Sword yet to give an infallible evidence of his desire to secure the performance of such Agreements as shall be made in order to a Peace his Majesty will consent to an Act of Parliament that the whole Power of the Militia both by Sea and Land for and during his whole Reign shall be ordered and disposed by his two Houses of Parliament or by such persons as they shall appoint with Powers limited for suppressing of Forces within this Kingdom to the disturbance of the publick Peace and against foreign Invasion and that they shall have Power during his said Reign to raise moneys for the purposes aforesaid and that neither his Majesty that now is or any other by any Authority derived only from him shall execute any of the said Powers during his Majesties said Reign but such as shall act by the consent and approbation of the two Houses of Parliament Nevertheless his Majesty intends that all Patents Commissions and other Acts concerning the Militia be made and acted as formerly and that after his Majesties Reign all the Power of the Militia shall return intirely to the Crown as it was in the times of Queen Elizabeth and King James of blessed memory After this Head of the Militia the consideration of the Arrears due to the Army is not improper to follow for the payment whereof and the ease of his People his Majesty is willing to concur in any thing that can be done without the Violation of his Conscience and Honour Wherefore if his two Houses shall consent to remit unto him such benefit out of Sequestrations from Michaelmas last and out of Compositions that shall be made before the concluding of the Peace and the Arrears of such as have been already made the assistance of the Clergy and the Arrears of such Rents of his own Revenues as his two Houses shall not have received before the concluding of the Peace his Majesty will undertake within the space of eighteen Months the payment of four hundred thousand pounds for the satisfaction of the Army and if those means shall not be sufficient his Majesty intends to give way to the sale of Forest Lands for that purpose this being the Publick Debt which in his Majesties Judgment is first to be satisfied and for other publick Debts already contracted upon Church-Lands or any other Ingagements his Majesty will give his consent to such Act or Acts for raising of moneys for payment thereof as both Houses shall hereafter agree upon so as they be equally laid whereby his People already too heavily burthened by these late Distempers may have no more Pressures upon them than this absolute necessity requires And for the further securing of all Fears his Majesty will consent that an Act of Parliament be passed for the disposing of the great Offices of State and naming of Privy Councellors for the whole term of his Reign by the two Houses of Parliament their Patents and Commissions being taken from his Majesty and after to return to the Crown as is exprest in the Article of the Militia For the Court of Wards and Liveries his Majesty very well knows the consequence of taking that way by turning of all Tenures into common Soccage as well in point of Revenue to the Crown as in the Protection of many of his Subjects being Infants nevertheless if the continuance thereof seem grievous to his Subjects rather then he will fail on his part in giving satisfaction he will consent to an Act for taking of it away so as a full recompence be settled upon his Majesty and his Successors in perpetuity and that the Arrears now due be reserved unto him towards the payment of the Arrears of the Army And that the memory of these late Distractions may be wholly wiped away his Majesty will consent to an Act of Parliament for the suppressing and making null of all Oaths Declarations and Proclamations against both or either House of Parliament and of all Indictments and other proceedings against any persons for adhering unto them and his Majesty proposeth as the best Expediment to take away all seeds of future Differences that there be an Act of Oblivion to extend to all his Subjects As for Ireland the Cessation there is long since determined but for the future all other things being fully agreed his Majesty will give full satisfaction to his Houses concerning that Kingdom And although his Majesty cannot consent in Honour and Justice to avoid all his own Grants and Acts past under his Great Seal since the two and twentieth of May 1642. or to the confirming of all the Acts and Grants passed under that made by the two Houses yet his Majesty is confident that upon perusal of particulars he shall give full satisfaction to his two Houses to what may be reasonably desired in that particular And now his Majesty conceives that by these his Offers which he is ready to make good upon the settlement of a Peace he hath clearly manifested his intentions to give full security and satisfaction to all Interests for what can justly be desired in order to the future Happiness of his People And for the
reforming both Universities and the Colleges of Westminster Winchester and Eaton His Majesty will consent to an Act for the better discovery and speedy conviction of Popish Recusants as is desired in your Propositions and also to an Act for the Education of the Children of Papists by Protestants in the Protestant Religion As also to an Act for the rrue levying of the Penalties against Papists to be levied and disposed in such manner as both Houses shall agree on and as is proposed on His Majesties behalf And also to an Act to prevent the practises of Papists against the State and for putting the Laws in execution and for a stricter course to prevent hearing and saying of Mass But as to the Covenant His Majesty is not yet therein satisfied that He can either sign or swear it or consent to impose it on the Consciences of others nor doth conceive it proper or useful at this time to be insisted on Touching the Militia His Majesty conceives that your Proposition demands a far larger power over the Persons and Estates of His Subjects than hath ever hitherto been warranted by the Laws and Statutes of this Realm yet considering the present Distractions require more and trusting in His two Houses of Parliament that they will make no further use of the Power therein mentioned after the present Distempers setled than shall be agreeable to the Legal exercise thereof in times past or just necessity shall require His Majesty will consent to an Act of Parliament That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled or such as they shall appoint during the space of ten years shall Arm Train and Discipline or cause to be Armed Trained or Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernesey and Jersy and the Town of Berwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the space of ten years raise levy arm train and discipline or cause to de raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and places aforesaid as in their judgments they shall from time to time during the said space of ten years think fit to appoint And that neither the King His Heirs or Successors or any other but such as shall act by the Authority or approbation of the said Lords and Commons shall during the said space of ten years exercise any of the Powers aforesaid That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of ten years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of ten years be imployed managed ordered and disposed by the Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons or such as they shall appoint during the said space of ten years shall have power 1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Berwick upon Tweed or any of them 2. To suppress any Foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Berwick upon Tweed or any of them And after the expiration of the said ten years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall without the Consent of the said Lords and Commons raise arm train discipline employ order manage disband or dispose any the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernesey and Jersey and the Town of Berwick upon Tweed nor exercise any of the said Powers or Authorities herein before mentioned and expressed to be during the space of ten years in the said Lords and Commons nor do any act or any thing concerning the execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained And with the same Provisoes for saving the ordinary Legal Power of Officers of Justice not being Military Officers as is set down in your Propositions And with a Declaration That if any persons shall be gathered and assembled together in a Warlike manner or otherwise to the number of thirty persons and shall not forthwith disperse themselves being require thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person or persons not so dispersing themselves shall be guilty and incur the pains of High Treason being first declared guilty of such offence by the said Lords and Commons any Commission under the Great Seal or any other Warrant to the contrary notwithstanding And he or they that shall so offend herein to be uncapable of any Pardon from His Majesty His Heirs or Successors And likewise that it be provided that the City of London shall have and enjoy all their Rights Liberties c. in raising and imyloying the Forces of that City in such sort as is mentioned in the said Proposition With these Provisoes following to be inserted in the said Act. First That none be compelled to serve in the Wars against their wills but in case of coming in of strange Enemies into this Kingdom And that the Powers above mentioned as concerning the Land-Forces other than for keeping up and maintenance of Forts and Garisons and the keeping up mantaining and pay of this present Army so long as it shall be thought fit by both Houses of Parliament be exercised to no other purposes than for the suppressing of Forces raised or to be raised without Authority and Consent of the said Lords and Commons as aforesaid or for suppressing of any Foreign Forces which shall invade or endeavour to invade the Kingdoms Dominions or places aforesaid And that the Monies be raised by general and equal Taxations saving that Tonnage and Poundage and such Imposts as have been applyed to the Navy be raised as hath been usual And that all Patents Commissions and other Acts concerning the Premisses be made and acted in His Majesties Name by Warrant signified by the Lords and Commons or
the Corruptions of men is more efficacious to Impiety than to Vertue could not do that His Law should and He would restrain those Vices which He could not extirpate Religion was never used by Him to veil Injustice for this was peculiar to His Adversaries who when they were plotting such acts as Hell would blush at they would fawn and smile on Heaven and they used it as those subtle Surprisers in War who wear their Enemies Colours till they be admitted to butcher them within their own Fortresses But His Majesty consulted the Peace of His Conscience not only in Piety to God but also in Justice to Men. He was as a Magistrate should be a speaking Law It was His usual saying Let me stand or fall by My own Counsels I will ever with Job rather chuse Misery than Sin He first submitted His Counsels to the Censure of the Lawyers before they were brought forth to Execution Those acts of which the Faction made most noise were delivered by the Judges to be within the Sphere of the Prerogative The causes of the Revenue were as freely debated as private Pleas and sometimes decreed to be not good which can never happen under a bad Prince The Justice of His Times shewed that of His Breast wherein the Laws were feared and not Men. None were forced to purchase their Liberty with the diminution of their Estates or the loss of their Credit Every one had both security and safety for His Life Fortune and Dignity and it was not then thought as afterwards to be a part of Wisdom to provide against Dangers by obscurity and Privacies His Favours in bestowing Great Offices never secured the Receivers from the force of the Law but Equity overcame His Indulgences For He knew that Vnjust Princes become Odious to them that made them so He submitted the Lord Keeper Coventrey to an Examination when a querulous person had accused him of Bribery He sharply reproved one whom He had made Lord Treasurer when he was petitioned against by an Hampshire Knight on whose Estate being held by Lease from the Crown that Treasurer had a design and He secured the Petitioner in his right The greatest Officer of His Court did not dare to do any the least of those injuries which the most contemptible Member of the House of Commons would with a daily Insolency act upon his weaker Neighbour In the Civil Discords He bewailed nothing more than that the Sword of Justice could not correct the illegal Furies of that of War Though by His Concessions and Grants He diminished His Power yet He thought it a Compensation to let the World see He was willing to make it impossible for Monarchy to have an unjust Instrument and to secure posterity from evil Kings Although He proved to a Leading Lord of the Faction That a People being too cautious to bind their King by Laws from doing Ill do likewise fetter Him from doing Good and their fears of Mischief do destroy their hopes of Benefit And that such is the weakness of Humanity that he which is intrusted only to Good may pervert that Power to the extremest Ills. And indeed there is no security for a Community to feel nothing in Government besides the Advantages of it but in the Benignity of Providence and the Justice of the Prince both which we enjoyed while we enjoyed Him Though He was thus in Love with Justice yet He suffered not that to leven His Nature to Severity and Rigour but tempered it with Clemency especially when His Goodness could possibly find out such an Interpretation for the Offence that it struck more at His Peculiar than the Publick Interest He seemed almost stupid in the Opinion of Cholerick Spirits as to a sense of His own Injuries when there was no fear lest His Mercy should thereby increase the Miseries of His People And He was so ambitious of the Glory of Moderation that He would acquire it in despight of the Malignity of the times For the Exercise of this Vertue depends not only on the temper of the Prince but the frame of the People must contribute to it because when the Reverence of Majesty and fear of the Laws are proscribed sharper Methods are required to from Obedience Yet He was unwilling to cut off till He had tried by Mercy to amend even guilty Souls Thus He strove to oblige the Lord Balmerino to peaceful practices by continuing that Life which had been employed in Sedition and forfeited to the Law Soon after His coming into the Isle of Wight by which time He had experienced the numerous Frauds and implacable Malice of His Enemies being attended on by Dr Sheldon and Dr Hammond for they were the earliest in their duties at that time a discourse passed betwixt His Majesty and the Governour wherein there was mention made of the fears of the Faction that the King could never forgive them To which the King immediately replies I tell thee Governour I can forgive them with as good an appetite as ever I eat My Dinner after an hunting and that I assure you was not a small one yet I will not make My self a better Christian than I am for I think if they were Kings I could not do it so easily This shewed how prone His Soul was to Mercy and found not any obstruction but what arose from a sense of Royal Magnanimity He sooner offered and gave life to His captive Enemies than their Spirits debauched by Rebellion would require it and He was sparing of that blood of which their fury made them Prodigal No man fell in battel whom He could save He chose rather to enjoy any Victory by Peace and therefore continually sollicited for it when He seemed least to need it than make one triumph a step to another and though He was passionate to put all in Safety yet He affected rather to end the War by Treaty than by Conquest The Prisoners He took He used like deluded men and oftener remembred that God had made them His Subjects than that the Faction had transformed them to Rebels He provided for them while in His Power and not to let them languish in Prison sent them by Passes to their own homes only ingaging them by Oath to no more injuries against that Sovereign whom they had felt to be Gracious for so He used those that were taken at Brainford But yet the Casuists of the Cause would soon dispense with their Faith and send them forth to die in contracting a new guilt Those whom the fury of War had left gasping in the Field and fainting under their wounds He commends in His Warrants as in that to the Mayor of Newbury to the care of the Neighbourhood either tenderly to recover or decently bury and His Commands were as well for those that sought to murther Him as those that were wounded in His Defence This made the Impudence and Falshood of Bradshaw more portentous when in his Speech of the Assassination he belch'd
in their time but that such Reformation hath been perfect I cannot admit Asa took away Idolatry but his Reformation was not perfect for Jehosaphat removed the High places yet was not his Reformation perfect for it was Hezekiah that brake the Brasen Serpent and Josiah destroyed the Idol-Temples who therefore beareth this Elogie That like unto him there was no King before him It is too well known that the Reformation of K. Henry the VIII was most imperfect in the Essentials of Doctrine Worship and Government And although it proceeded by some degrees afterward yet the Government was never reformed the Head was changed Dominus non Dominium and the whole lims of the Antichristian Hierarchy retained upon what Snares and Temptations of Avarice and Ambition the great Enchanters of the Clergy I need not express It was a hard saying of Romanorum Malleus Grosthed of Lincoln That Reformation was not to be expected nisi in ore gladii cruentandi Yet this I may say that the Laodicean lukewarmness of Reformation here hath been matter of continued complaints to many of the Godly in this Kingdom occasion of more Schism and Separation than ever was heard of in any other Church and of unspeakable grief and sorrow to other Churches which God did bless with greater purity of Reformation The glory of this great work we hope is reserved for Your Majesty that to Your comfort and everlasting Fame the praise of godly Josiah may be made Yours which yet will be no dispraise to Your Royal Father or Edward the VI. or any other Religious Princes before You none of them having so fair an opportunity as is now by the supreme Providence put into Your Royal hands My soul trembleth to think and to foresee what may be the event if this opportunity be neglected I will neither use the words of Mordecai Esth 4. 14. nor what Savonarola told another Charles because I hope better things from Your Majesty 4. To the Argument brought by your Majesty which I believe none of your Doctors had they been all about You could more briefly and yet so fully and strongly have expressed That nothing was retained in this Church but according as it was deduced from the Apostles to the constant universal practice of the Primitive Church and that it was of such consequence as by the alteration of it we should deprive our selves of the lawfulness of Priesthood I think Your Majesty means a lawful Ministry and then how the Sacraments can be administred is easy to judge I humbly offer these considerations First What was not in the times of the Apostles cannot be deduced from them We say in Scotland It cannot be brought But that is not the Ben But not to insist now on a Liturgy and things of that kind there was no such Hierarchy no such difference betwixt a Bishop and a Presbyter in the times of the Apostles and therefore it cannot thence be deduced for I conceive it to be as clear as if it were written with a Sun-beam that Presbyter and Bishop are to the Apostles one and the same thing no majority no inequality or difference of office power or degree betwixt the one and the other but a mere Identity in all 2. That the Apostles intending to set down the Offices and Officers of the Church and speaking so often of them and of their gifts and duties and that not upon occasion but of set purpose do neither express nor imply any such Pastor or Bishop as hath power over other Pastors although it be true that they have distinctly and particularly exprest the Office Gifts and Duties of the meanest Officers such as Deacons 3. That in the Ministery of the New Testament there is a comely beautiful and Divine Order and subordination one kind of Ministers both ordinary and extraordinary being placed in degree and dignity before another as the Apostles first the Evangelists Pastors Doctors c. in their own ranks but we cannot find in Offices of the same kind that one hath majority of power or priority of degree before another no Apostle above other Apostles unless in moral respects no Evangelist above other Evangelists or Deacon above other Deacons why then a Pastor above other Pastors In all other sorts of Ministers ordinary and extraordinary a Parity in their own kind only in the office of Pastor an Inequality 4. That the whole power and all the parts of the Ministry which are commonly called The power of Order and Jurisdiction are by the Apostles declared to be common to the Presbyter and Bishop and that Matt. 15. 16 17. the gradation in matter of Discipline or Church censures is from one to two or more and if he shall neglect them tell it to the Church he saith not tell it to the Bishop there is no place left to a retrogradation from more to one were he never so eminent If these considerations do not satisfie Your Majesty may have more or the same further cleared 5. Secondly I do humbly desire Your Majesty to take notice of the fallacy of that Argument from the Practice of the Primitive Church and the universal Consent of the Fathers It is the Argument of the Papists for such Traditions as no Orthodox Divine will admit The Law and Testimony must be the Rule We can have no certain knowledge of the Practice universal of the Church for many years Eusebius the prime Historian confesseth so much the learned Josephus Scaliger testifieth that from the end of the Acts of the Apostles until a good time after no certainty can be had from Ecclesiastical Authors about Church matters It is true Diotrephes sought the preeminence in the Apostles times and the Mystery of iniquity did then begin to work and no doubt in after times some puffed up with Ambition and others overtaken with Weakness endeavoured alteration of Church-Government but that all the Learned and Godly of those times consented to such a Change as is talked of afterwards will never be proved 6. Thirdly I will never think that Your Majesty will deny the lawfulness of a Ministery and the due administration of the Sacraments in the Reformed Churches which have no Diocesan Bishops sith it is not only manifest by Scripture but a great many of the strongest Champions for Episcopacy do confess that Presbyters may ordain other Presbyters and that Baptism administred by a private Person wanting a publick Calling or by a Midwife and by a Presbyter although not ordained by a Bishop are not one and the same thing 7. Concerning the other Argument taken from Your Majesty's Coronation Oath I confess that both in the taking and keeping of an Oath so sacred a thing is it and so high a point of Religion much tenderness is required and far be it from us who deresi to observe our own Solemn Oath to press Your Majesty with the violation of Yours Yet Sir I will crave Your leave in all humbleness and sincerity to lay before Your Majesty's eyes this
publick charge of this and that Kingdom to rob and pillage me of my Goods to chase my good Subjects and maintain my own Town of Hull against me and that by the absence of those Ships from the Irish Seas the Rebells have had opportunity to bring store of Arms Ammunition and Supplies to their succours to which we may justly impute the Calamities which have over whelmed my poor Protestant Subjects there They cry out upon a few suits of cloaths appointed as they say for Ireland which some of my Forces took but conceal that they were taken as entring into Coventry then in open Rebellion against me where I had reason to believe they would have been disposed of amongst their Soldiers who then bore Arms against me They talk of a few horses which I have made use of for my Carriages concealing that they were certified to be useless for the service of Ireland when they themselves have seised an hundred thousand pounds particularly appointed by Act of Parliament for the relief of Ireland where my Army is ready to perish for want of it and imployed it together with such part of the four hundred thousand pound Subsidie as they have received to maintain an unnatural Civil War at home Neither have they used their fellow-Subjects better than they have done me their King By their Power the Law of the Land your birth-right is trampled upon and in stead thereof they govern my People by Votes and Arbitrary Orders Such as will not submit to their unlimited power are imprisoned plundered and destroyed such as will not pay such exactions as they require toward this Rebellion are threatned to be put out of Protection as they call it of the Parliament such as conscientiously remember their Duty and Loyalty to me their Soveraign are reviled persecuted and declared Traitors such as do desire to maintain the true Protestant Religion as it is established by the Laws of the Land are traduced and called Popish and Superstitious and on the contrary such as are known Brownists Anabaptists and publick depravers of the Book of Common Prayer are countenanced and incouraged They exact and receive Tonnage and Poundage and other great duties upon Merchandises not only without Law but in the face of an Act of Parliament to the contrary past this present Parliament which puts all men into the condition of a Praemunire that shall presume so to oppress the People If you desire to know who are the Contrivers of these wicked designs you shall find some of their names in particular and their actions at large in my Declaration of the twelfth of August to which I shall refer you I wish their craft and power were not such that few of those Copies can come to the view of my good People Since that time these men so thirst after the destruction of this Kingdom that they have prevailed to make all my offers of Treaty which might bring Peace to this Kingdom and beget a good understanding between Me and my Parliament fruitless In this distress into which these men have brought Me and this Kingdom my confidence is in the Protection of Almighty God and the affections of my good People And that you may clearly see what my Resolutions are I shall cause my voluntary Protestation lately taken to be read to you And I desire that the Sheriffs of these two Counties will dispose Copies of that and what I now deliver unto you having no other way to make it publick these men having restrained the use of my Presses at London and the Universities XLVII To the Inhabitants of Shropshire at SHREWSBURY Sept. 28. MDCXLII GEntlemen It is some benefit to me from the insolencies and misfortunes which have driven Me about that they have brought Me to so good a part of my Kingdom and to so faithful a part of my People I hope neither you nor I shall repent My coming hither I will do My part that you may not and of you I was confident before I came The residence of an Army is not usually pleasant to any place and Mine may carry more fear with it since it may be thought being robbed and spoiled of all My Own and such terror used to fright and keep all men from supplying Me I must only live upon the aid and relief of My People But be not afraid I would to God my poor Subjects suffered no more by the insolence and violence of that Army raised against Me though they have made themselves wanton even with Plenty than you shall do by Mine And yet I fear I cannot prevent all Disorders I will do my best and this I will promise you No man shall be a loser by Me if I can help it I have sent hither for a Mint I will melt down all my own Plate and expose all my Land to Sale or Morgage that if it be possible I may not bring the least pressure upon you In the mean time I have summoned you hither to invite you to do that for Me and your selves for the maintenance of your Religion and the Law of the Land by which you enjoy all that you have which other men to against us Do not suffer so good a Cause to be lost for want of supplying Me with that which will be taken from you by those who pursue Me with this violence And whilst these ill men sacrifice their Mony Plate and utmost Industry to destroy the Commonwealth be you no less liberal to preserve it Assure your selves if it please God to bless Me with success I shall remember the Assistance every particular man here gives Me to his Advantage However it will hereafter how furiously soever the minds of some men are now possessed be honor and comfort to you that with some charge and trouble to your selves you did your part to support your King and preserve the Kingdom I desire Master Sheriff and the rest of the Gentlemen to distribute themselves in that method that they may best receive the expressions which you shall make of your affections the which I will have particularly represented to Me. XLVIII To the Inhabitants of Oxfordshire at OXFORD Nov. 2. MDCXLII GEntlemen Though you see My Army marching from hence I do not intend to leave you My Residence shall be so near that My Power shall have an influence upon this place of which I will besides take a particular care for your preservation Therefore fear not to express your affections to Me with that courage which becomes you I know how and by whom the Countrey hath been awed but I hope no man shall have more power to fright you from your Loyalty than I have to restore you to it and I shall guess by the evidence of this day at your natural dispositions In assisting Me you defend your selves for believe it the Sword which is now drawn against Me will destroy you if I defend you not I have and will venture My Life for you 't will be a shame for
and Innovations as might make them apt to joyn with England in that great Change which was intended Whereupon new Canons and a new Liturgy were prest upon them and when they refused to admit of them an Army was raised to force them to it towards which the Clergy and the Papists were very forward in their Contribution The Scots likewise raised an Army for their defence and when both Armies were come together and ready for a bloody encounter His Majesties own Gracious Disposition and the Counsel of the English Nobility and Dutiful submission of the Scots did so far prevail against the evil Counsel of others that a Pacification was made and His Majesty returned with Peace and much Honour to London The unexpected Reconciliation was most acceptable to all the Kingdom except to the malignant party whereof the Archbishop and the Earl of Strafford being heads they and their faction begun to inveigh against the Peace and to aggravate the proceeding of the States which so incensed His Majesty that He forthwith prepared again for War And such was their confidence that having corrupted and distempered the whole frame and Government of the Kingdom they did now hope to corrupt that which was the only means to restore all to a right frame and temper again To which end they perswaded His Majesty to call a Parliament not to seek counsel and advice of them but to draw countenance and Supply from them and engage the whole Kingdom in their Quarrel and in the mean time continued all their unjust Levies of Money resolving either to make the Parliament pliant to their Will and to establish mischief by a Law or else to brake it and with more colour to go on by violence to take what they could not obtain by consent The ground alledged for the justification of this War was this That the undutiful Demands of the Parliaments of Scotland was a sufficient reason for His Majesty to take Arms against them without hearing the Reason of those Demands And thereupon a new Army was prepared against them their Ships were seized in all Ports both of England and Ireland and at Sea their Petitions rejected their Commissioners refused Audience this whole Kingdom most miserably distempered with Levies of Men and Money and Imprisonments of those who denied to submit to those Levies The Earl of Strafford past into Ireland caused the Parliament there to declare against the Scots to give four Subsidies towards that War and to ingage themselves their Lives and Fortunes for the prosecution of it and gave directions for an Army of eight thousand foot and one thousand horse to be levied there which were for the most part Papists The Parliament met upon the thirteenth of April one thousand six hundred and forty The Earl of Strafford and Archbishop of Canterbury with their Party so prevailed with His Majesty that the House of Commons was prest to yield to a Supply for maintenance of the War with Scotland before they had provided any relief for the great and pressing Grievances of the people which being against the fundamental Privilege and proceeding of Parliament was yet in humble respect to His Majesty so far admitted as that they agreed to take the matter of Supply into consideration and two several days it was debated Twelve Subsidies were demanded for the release of Ship-money alone A third day was appointed for conclusion when the Heads of that Party begun to fear the people might close with the King in satisfying his desire of money but that withal they were like to blast their malicious designs against Scotland finding them very much indisposed to give any countenance to that War Thereupon they wickedly advised the King to break off the Parliament and to return to the ways of Confusion in which their own evil intentions were most like to prosper and succeed After the Parliament ended the fifth of May 1640. this Party grew so bold as to counsel the King to supply Himself out of his Subjects states by His own Power at His own will without their consent The very next day some Members of both Houses had their studies and cabinets yea their pockets searched another of them not long after was committed close prisoner for not delivering some Petitions which he received by authority of that House And if harsher courses were intended as was reported it is very probable that the sickness of the Earl of Strafford and the tumultuous rising in Southwark and about Lambeth were the causes that such violent intentions were not brought to execution A false and scandalous Declaration against the House of Commons was published in his Majesties Name which yet wrought little effect with the people but only to manifest the impudence of those who were Authors of it A forced Loan of money was attempted in the City of London The Lord Mayor and Aldermen in their several Wards enjoyned to bring in a list of the names of such persons as they judged fit to lend and of the summ they should lend And such Aldermen as refused so to do were committed to prison The Archbishop and the other Bishops and Clergy continued the Convocation and by a new Commission turned it to a Provincial Synod in which by an unheard of presumption they made Canons that contain in them many matters contrary to the Kings Prerogative to the fundamental Laws and Statutes of the Realm to the Right of Parliaments to the Property and Liberty of the Subject and matters tending to Sedition and of dangerous consequence thereby establishing their own Usurpations justifying their Altar-worship and those other superstitious Innovations which they formerly introduced without warrant of Law They imposed a new Oath upon divers of his Majesties Subjects both Ecclesiastical and Lay for maintenance of their own Tyranny and laid a great tax upon the Clergy for supply of his Majesty and generally they shewed themselves very affectionate to the War with Scotland which was by some of them styled Bellum Episcopale and a Prayer composed and enjoyned to be read in all Churches calling the Scots Rebels to put the two Nations into blood and make them irreconcilable All those pretended Canons and Constitutions were armed with the several Censures of Suspension Excommunication Deprivation by which they would have thrust out all the good Ministers and most of the well affected people of the Kingdom and left an easie passage to their own design of reconciliation with Rome The Popish party enjoyned such exemptions from the Penal Laws as amounted to a Toleration besides many other encouragements and Court-favours They had a Secretary of State Sir Francis Windebank a powerful Agent for the speeding of all their desires a Pope's Nuntio residing here to act and govern them according to such influences as he received from Rome and to intercede for them with the most powerful concurrence of the foreign Princes of that Religion By his authority the Papists of all sorts Nobility Gentry and Clergy were convocated after the
to Our Assistance and that this wicked Charge of intending to introduce Propery Idolatry and Arbitrary Government laid by Implication upon Us because We defend Our Selves and would recover Our own will be so far from being a Motive against Us that this intolerable Indignity and damnable Scandal so daily and visibly confuted by all Our Professions and Actions will encrease Our good Subjects zeal towards Us and their Indignation against the Contrivers and they will esteem themselves obliged by the Religion of Almighty God to oppose this War so impiously so treasonably and so groundlesly made upon Us their King and His Anointed We therefore require all Our Commissioners of Array Sheriffs and all Our other Officers and Ministers to raise all the Power and Forces of their several Counties to assist the Marquess of Hartford the Earl of Northampton the Lord Willoughby of Eresby the Lord Dunsmore the Lord Paulet the Lord Seymour Henry Hastings Esquire Sir John Stawell Sir Ralph Hopton John Digby Esquire and all other in the legal and necessary Execution of Our Commissions of Array and in the raising and conducting of such Horse and Foot as shall be raised by Our Commission and by force of Arms to oppose the Earl of Essex the Lord Say and all other that shall raise or conduct any Forces raised by pretence of Authority of both Houses and the Persons of all such Traitors and their Adherents and Accomplices to Arrest and Imprison to the end they may be brought to a fair and legal Tryal by their Peers and according to the law And this We require from them as they tender the Defence of Our Person the true Religion the Law of the Land the Liberty and Property of the Subject and the true and just Privileges of Parliament And for so doing they shall be defended and secured by Us and by the Law with whom and with which We doubt not but Our Subjects will sooner chuse to live and dye than with the Earl of Essex and his Adherents MDCXLII August 9. By the King A Proclamation for the suppressing of the present Rebellion under the Command of Robert Earl of Essex And the gracious offer of His Majesty's free Pardon to him and all such of his Adherents as shall within six days after the date hereof lay down their Arms. WHereas now at the last those Seditious and Traitorous Counsels and Consultations which have been long in design and which long since We foresaw have produced such manifest and open effects of Treason and Rebellion against Us that there are already great numbers of Horse and Foot Raised Arraied Mustered and Trained under pretence of Authority of Our two Houses of Parliament without and against Our Consent in and about Our Cities of London and Westminster in a warlike manner and there are many more in Raising with speed and Robert Earl of Essex by the said pretended Authority without Our Consent hath been nominated to be Captain General of those Troops and Forces and forgetting the Duty and Allegiance which he oweth to Us his Sovereign hath taken upon him and accepted that Title and Command of Captain General and in that quality appeareth amongst the Souldiers animating and encouraging himself and them in these Traitorous and Rebellious Designs and as it is now notoriously known the said Earl and his Adherents intend speedily to march from thence towards the North where We now reside and in a warlike manner to assail and oppose Us and those who shall attend or assist Us under pretence of defending Our Person and the two Houses of Parliament and prepare traitorously to surprise or besiege Our Town of Portsmouth and to possess themselves thereof with force the same being a Town and Port of great importance in the Western parts of this Kingdom and also to surprise or by force to take and possess themselves of all other Castles Forts and places of strength within this Kingdom and all this to strengthen them and their Party in these their Traitorous and Rebellious Designs all which are not now taken up by Us upon Information of others and by Conjecture but do manifestly appear to the whole World by that insolent and prodigious Commission of Captain General over the whole Kingdom of England and Dominion of Wales which in the name of the two Houses of Parliament is granted unto the said Earl but hath indeed been contrived by some few Malignant persons Members of either House whereby they have mentioned to conferr upon him and the said Earl under that colour hath assumed unto himself those Titles and begun to put in execution those Powers and Authorities which are inconsistable with Our Sovereignty all which is so done contrary to all Rules of Religion Laws Allegiance or common Honesty We do now therefore publish and declare by this Our Royal Proclamation That the said publick and notorious Acts and Actions of the said Earl are Acts and Actions of High Treason being a manifest levying of War against his natural Liege Lord and King expresly within the words and meaning of the Statute made in the twenty fifth year of King Edward the Third declaring the same of which in Law there neither is nor can be any doubt and that the said Earl of Essex is a Rebel and Traitour unto Us and to Our Crown and that he and all Colonels Captains and Officers which upon notice hereof shall not immediately quit their Commands under him or any others by the like unlawful and usurped power without and against Us are also guilty of High Treason within that Statute and ought to be adjudged and esteemed and proceeded against as Traitors and Rebels And yet out of Our Grace and Clemency towards such of Our Subjects as have been abused and misled by the said Earl and such others as joyn themselves with him in these desperate Courses and to preserve the Peace of this Kingdom if it be possible and to avoid the shedding of blood We abhorring the name of a Civil War if it can by any good means be avoided do by this Our Royal Proclamation admonish the said Earl and all Our Subjects whom it may concern which are now already joyned or shall joyn themselves to the said Earl in this act of Hostility that forthwith they lay down their Arms as well Horse as Foot and all other preparations for the War and instantly without delay return to their own homes and habitations and there quietly and peaceably imploy and bestow themselves in their proper Vocations and Callings and that hereafter they meddle not or interpose themselves in these or any the like Rebellious and Traitorous Undertakings or Actions Which if the◠do readily and really perform within six days after the date of these presents W◠do hereby promise and undertake in the Word of a King that We will freely extend 〈◊〉 Mercy unto them and grant unto them Our free and full Pardon for all that hath been or shall be committed before that time But if
that no alteration could produce that Happiness they imagined and if their natures were capable of such Trusts to take some of the chief of them so near Us that they might be witnesses of Our Actions and privy to Our Counsels that either Ingenuity or Gratitude might recover them from their desperate Inclinations Hereupon because most of the Grievances of Our People were conceived to proceed from the great liberty of Our Council-board or from some Orders and Directions from them We admitted to Our Privy Council seven or eight of those Lords who were eminently in esteem with Our People for their reputation of Honour and Justice some of whom We knew to be most passionately dis-inclined to the present managery of Civil affairs and to the Government of the Church and hoped that by a free communication of their Doubts Opinions and Counsels they would have received that satisfaction that they would have been excellent Instruments of a blessed Reformation and Confirmation in Church and State Having begun with this foundation of Confidence in Our Court by electing such Persons We made the same hast to apply particular Remedies to the visible known Diseases resolving those Remedies should be proportioned to the Counsel and Desires of both Houses which We thought the surest way to win at least a major part to the confession and acknowledgment of Our Justice and Affection The Star-Chamber had in the excess of Jurisdiction or tediousness and charge of Proceedings or measure and severity of Punishment invaded the Laws of the Land and Liberty of the Subject by the exercise of an Arbitrary Power We pressed not the Reformation of this Court though erected or setled by Act of Parliament in a wise time but at the instance of both Houses consented to the Abolition of it The High Commission Court had proceded with too much strictness in many cases where the Tender Consciences of many of Our weak Subjects were concerned and had so far out-grown the power of the Law that it would not be limited and guided by it but censured fined and imprisoned Our People for matters unpunishable by the Law We pressed not the Review of that Statute by which that Court was erected that such power might be qualified and provisions altered as had been grievous to the Subject nor desired that any other care might be taken for the upholding the Ecclesiastical Discipline than what the wisdom and piety of both Houses should think necessary but in compliance to the sufferings of Our People and the desires of both Houses consented to the Repeal of that branch of that Statute The Writs for Ship-mony whereby several summs of mony had been received from Our good Subjects for defence and safeguard of the Kingdom had lain heavy upon Our People yet were judged to be Legal Both Our Houses of Parliament declared that the grounds and reasons of that Judgment being That when the good and safety of the Kingdom in general is concerned and that the whole Kingdom is in Danger We might compel our Subjects to provide Ships Men and Victuals for the defence and safeguard of the Kingdom and that We were the sole Judge of that Danger and how the same might be prevented were contrary to and against the Laws and Statutes of this Realm the Property and Liberty of the Subject and to the Petition of Right without disputing our Right We were contented that all the proceedings in that business should be adjudged void and disannulled and the Judgments Enrolments and Entries thereupon should be vacated and cancelled in such manner as was desired Under colour of executing the Forrest-Laws and of keeping the Justice in Eyres Seat very many Persons had been grieved and vexed by Presentments Fines Judgments and Imprisonments the Meets Limits and Bounds of Forrests extended and some endeavours been made to set on foot Forrests where in truth none had been We no sooner received complaint of this but We passed an Act for the certainty of the Meets Limits and Bounds of all the Forrests in England with such further Provisions for the ease of Our Subjects as were desired at Our hands If by the negligence or wilfulness of persons trusted by Us any Grievance or inconvenience had been contracted in any part of Our Kingdom which seemed not to have so general an influence upon the whole upon the first clear Information We did Our part for the easing of them and therefore We passed for the benefit of Our good Subjects of Devon and Cornwall an Act against divers Incroachments and Oppressions in the Stannary-Courts And We were so confident this way to win the Hearts and Affections of all Our good Subjects and that both Our Houses of Parliament would at last find a time to give too that We made their Asking the only Rule to Our Grants and parted with any thing they desired Us to relinquish So in the Preamble to the Bill of Tonnage and Poundage We parted with Our Title of Imposing a Power adjudged good and exercised by Our Ancestors and though disputed never resolved against by Judgment in Parliament So in the Act for regulating the Office of Clark of the Marker because the undue execution thereof had been grievous to many of Our loving Subjects We consented that no Clark of the Market of Our House shall hereafter execute His Office in any part of Our Kingdom but only within the verge of Our Court and granted the Execution of that Office to the Mayors and Bayliffs of Towns Corporate and to the Lords of Liberties and Franchises and to their Deputies So because about the beginning of Our Reign several Writs had issued out of Our Court of Chancery in the business of Knighthood and been transmitted with their Returns into Our Court of Exchequer where the proceedings were not fit and warrantable We were contented by the Act for the prevention of vexatious proceedings touching the Order of Knighthood absolutely to part with and discharge a Right and Duty as unquestionably due to Us by the Law as any Service We can challenge So which is the highest instance of Trust that ever King gave His Subjects upon Information that Credit could not be obtained for so much Mony as was requisite for the relief of Our Army and People in the Northern parts for preventing the imminent Danger the Kingdom was in and for supply of Our present and urgent Occasions for fear the Parliament might be dissolved before Justice should be done upon Delinquents publick Grievances be redressed a firm Peace between the two Nations of England and Scotland concluded and before provision should be made for the repayment of such Monies as should be so raised though We knew what power We parted from and trusted Our Houses with by so doing and what might be the Consequence of such a Trust if unfaithfully managed We neglected all such suspicions which all Men now see deserved not to be slighted and We willingly and immediately passed that Act for the continuance of this
Parliament being resolved that it should not be Our fault if all those particulars were not speedily provided for which seemed then to be the grounds of their desire Let all the World now judge what greater Obligations of Justice Favour Affection and Trust can a Prince lay upon His Subjects than We did upon both Our Houses of Parliament by these Acts and whether We did not in Our free Grace and Favour grant much more than had been asked of Us by that Petition presented to Us by some Lords at York in which was then thought to be contracted all that was grievous to Our People and all that was just and gracious for Us to do for them And in all the time in which these Acts were framing and passing though Our own personal Wants were notoriously known and unkindly unprovided for and themselves had asked leave to look into and settle Our Revenue which We consented to and therefore We might have expected some fruit of that pretended Care We never pressed them or made the least overture to them for Our own supply only desired them and 't was almost the only thing We did desire of them that they would use all possible expedition in the business of the Treaty that the two Armies might be speedily disbanded and Our Subjects eased of that heavy burthen which in time would grow insupportable and waste the whole stock of the Kingdom But We found the Faction We feared in the beginning grew still stronger and nothing converted or reconciled by all those Acts of Ours which would have made any Nation happy That whilst We were busie in providing for the publick they were contriving particular Advantages of Offices and Places for themselves made use under-hand of the former Grievances of the Subject in things concerning Religion and Law to change the Religion and Law of this Kingdom labouring that neither any thing the Subject had suffered from the Crown might be forgotten nor any satisfaction from the Crown to the Subject might be remembred And therefore in stead of acknowledging Our great Justice and singular Favour in passing those Acts they infused into Our People that We passed them unwillingly whereas We never made the least pause upon any of them but one that for the High-Commission Court and whether that was penned with that wariness and animadversion that there be not more determined by it than the major part of both Houses intended at the passing of it let themselves judge and that We meant not to observe them and grew so much confounded with the full measure of Our Favour that they would allow themselves no security of enjoying what We had freely given but by taking away any power from Us of giving more they must have a through alteration both in Church and State or else they should never enjoy the benefit of the Reformation We had willingly made Hereupon they oppose the disbanding of the Armies and give all delays to the Scots Treaty though the Commissioners for that Nation very earnestly pressed the hastning of it and in plain English declare That they cannot yet spare them that the sons of Zerviah were too strong for them And finding more haste to be made in the asserting the Civil Interests than they desired having a design to ingage this Kingdom into so vast a Debt that there might be no way of paying it but by the Lands of the Church and lest Our good Subjects might be too soon satisfied they hastned on to their design upon the Church which they at first disguised with a purpose only of removing the Bishops from their Votes in the Lords House This Bill passed the House of Commons in the House of Peers it endured several long free debates and in the end upon great and solemn deliberation was by the consent of very much the major part of that House absolutely rejected This was no sooner done but that Faction glad of the miscarriage of their former Bill the passing whereof they knew would have satisfied many of those whom they hoped now further to seduce produced a Bill to be tendred in the House of Commons for the abolition of Bishops out of the Church of England Root and Branch according to their first resolution as Mr. Pym told a Member of the Lords House by way of reproof That it was not enough to be against the Persons of the Bishops if he were not against the Function and for extirpation of all Deans and Chapters and reducing that admirable Frame of Government and support of Learning into a Chaos of Confusion that out of it they might mold an Vtopia no six of them had nor We believe yet have agreed on further than to destroy the present and out of the goodly Revenue which the pious Bounty and Devotion of former Ages had been so long in raising for the encouragement and advancement of Learning and Religion and which God hath blessed with so many eminent Men whose Learning and Lives have advanced the Doctrine of the Protestant Religion and many of them given their Bodies to the Fire as a Sacrifice to that Truth and Religion to erect Stipends to their own Clergy and to raise estates to repair their own broken fortunes And for the free passing of this Bill which to this hour they could never tell what to make of two Armies must be kept in the bowels of the Kingdom at 80000 pound a Month charge to the Commonwealth For about this Bill the House of Commons was so wholly taken up that in ten weeks none or very little other business could be thought of About this time or a little before after several Intimations of Treasons Plots and Conspiracies by the Papists of great Provisions of Arms by them and training Men under ground and many other false reports created spread and countenanced by themselves upon some general apprehensions of Designs against them a Protestation is made in the House of Commons for some union and consent amongst themselves to perform those Duties which if they had meant no more than they expressed had been sufficiently provided for by the Oaths they had already taken and what their former Duties obliged them to Hereupon a Protestation is framed and being put into such words as no honest Man could believe himself obliged by it to any unlawful Action was voluntarily taken by all the Members of the House of Commons and presently recommended to the House of Lords where it received the same countenance that is was looked upon as containing nothing in it self unlawful though some Members of that House refused to take it being voluntary and not imposed by any Lawful Authority Then 't is recommended to the City of London and over all the Kingdom by order from the House of Commons a strange and unheard-of Usurpation to be taken by all persons But in very few days upon conference amongst themselves and with those Clergy-men who daily solicite their unlawful and unwarrantable designs with the People they find
satisfie their own private Ends and Ambition for themselves know what overtures have been made by them and with what importunity for Offices and Preferments what great Services should have been done for Us and what other undertakings were even to have saved the Life of the Earl of Strafford if We would confer such Offices upon them We were sure We could make such particular proofs against them of a solemn Combination entred into by them for altering the Government of the Church and State of their designing Offices to themselves and other Men of their solliciting and drawing down the Tumults to Westminster and of their bidding the People in the height of their rage and fury to go to White-Hall of their scornful and odious mention of Our Person and their design of getting Our Son the Prince into their hands of their treating with Foreign Power to assist them if they should fail in their enterprises Yet we saw too that their Interest and reputation was so great with many of both Houses of Parliament their Power so absolute with a multitude of Brownists Anabaptists and other Sectaries about London who were ready to appear in a body at their command that it would be a hard matter to proceed against them In this streight We resolved to do Our part in both to give Our People a clear satisfaction of Our upright Intentions to the publick whereby they should find their Happiness did not at all depend on such Instruments and to proceed against the Persons of the other in a legal way that all the world might see what Ambition Malice and Sedition had been had under the Vizour of Conscience and Religion Hereupon We prepared an Answer to the Remonstrance the House of Commons had before published to the People of the State of the Kingdom wherein without taking notice of the uncomely Language in and the Circumstances of that Remonstrance We declared with as gracious and full Expressions as We could make Our earnest Resolutions for the maintenance of the true Protestant Religion the Liberty and Property of the Subject and the Law of the Land and made no less gracious offers to consent to any Act that should be offered for the ease of tender Consciences in matters indifferent and very earnestly desired that the same might be provided and whatever else should be thought necessary for the Peace and Security of Our People And then that We might likewise manifest the Actions of that Malignant Party which had done so much mischief and intended so much more We resolved to accuse the Lord Kimbolton Master Hollis Master Pym Master Hampden and Master Stroud who had so maliciously contrived the Ruine of Our Self and the established Government of this Church and Kingdom and Sir Arthur Hesilrigge who had been made their Instrument to obey and execute their bold and wild designs of High Treason as We had great reason to do hoping that their Duty due to Us and the Obligations We had put upon Our People this Parliament would never suffer the Interest and reputation of these Men to be laid in the scale and to over-weigh Our Regal Authority and the Law of the Land but that We should have found a way open to a fair and Legal Trial of them which was all We desired How our proceeding was in that business and Our managery of it We have truly and at large set forth in Our Answer to the Declaration of both Houses of the nineteenth of May That what We did first in acquainting the House of Commons with Our Accusation by Our Serjeant at Arms was in Correspondence and out of regard to that House that We might rather have them delivered to the hands of Justice by them than apprehend them by an ordinary Minister of Justice which We were and are assured whatever Doctrine is preached to the contrary We might well have done in the case of Treason otherwise that Maxime in the Law acknowledged in a Petition of both Houses to Us in the beginning of Our Reign in the Case of the Earl of Arundel That in case of Treason Felony and breach of Peace Priviledge of Parliament doth not extend is of no signification The words are They find it an undoubted Right and constant Priviledge of Parliament That no Member of Parliament sitting the Parliament or within the usual times of Priviledge of Parliament is to be imprisoned or restrained without Sentence or Order of the House unless it be for Treason Felony or for refusing to give Sureties for the Peace In those Cases 't was then thought a Member of either House was not to be distinguished from another Subject and why We might not as well have expected that upon Our Articles not so general as a meer verbal Accusation of High Treason either House would have committed their several Members as they had done so many this Parliament and about that time Twelve together upon a confessed ground which every Man there who knew what Treason was knew that fact to be none meerly because they were accused and as the House of Peers had formerly done a Member of that House the Earl of Bristol accused in the same manner most of the good Lords being then Judges We neither could then nor can yet understand That Our own coming to the House was to prevent that shedding of blood which in all possibility was likely to follow that Order made the night before for resisting all such Officers who endeavoured upon how legal Warrant soever to arrest any Members of either House an Order much more unjustifiable by any Rule of Law and Justice by which Orders or Acts are to be examined than any thing We have done or any body by Our Authority That Our purpose was no other but to acquaint that House with the matter of Our Accusation to desire their Persons might be secured and without any thought of the least violation of their Priviledges This is that which We did Examine now their part and their progress since and then judge whose Priviledges have been invaded and with how good a mind to the Common-wealth they have proceeded We were no sooner gone but the House adjourned it self with some unusual expressions of offence and We were speedily informed that some Reports and Scandals were raised against Us in Our City of London That We had offered Violence to Our House of Commons come thither with force to murther several Members and used threatning Speeches there against Our Parliament and that this was but a Preface to an attempt We meant to make against and upon the City Whereupon We resolved the next day to go to the Guild-Hall and to shew the great Confidence We had in the affections of Our said City which We expected should have begot a proportionable Confidence from them in Us We went attended with very few of Our own Servants and then in the presence of the Lord Mayor the Aldermen and a very great assembly of the chief Citizens and others We made
them a full Narration of what We had done the day before and assured them that We intended no proceedings but such as were most agreeable to the Law of the Land and the Priviledge of Parliament This demeanour of Ours We thought would have given satisfaction to all Our loving Subjects that if in truth We had erred in the form of Our Proceedings yet Our intentions were full of Justice and regard to the general Law of the Land from which We shall never willingly swerve But in stead of any application to inform our Judgment wherein we had erred and how We were to proceed both Our Houses of Parliament under the title of Committees adjourned themselves to the Guild-Hall and afterwards to Grocers-Hall the Persons accused remove themselves into the City as to a Sanctuary and there manage and contrive business to their own ends they cause Discourses to be published and Infusions to be made of incredible danger to the City and Kingdom by that Our coming to the House and Alarm was given to the City in the dead time of the night That We were coming with Horse and Foot thither and thereupon the whole City put in Arms. And however the envy seemed to be cast upon the Designs of the Papists mention was only made of actions of Our own Their seditious Preachers and Agents are by them and their special and particular directions sent into the several Counties to infuse those Fears and Jealousies into the minds of Our good Subjects with Petitions ready drawn by them for the People to sign which were yet many times by them changed three or four times before the delivery upon accidents and occurrences of either or both Houses And when many of Our poor deceived People of Our several Counties have come to Our City of London with a Petition so framed altered and signed as aforesaid that Petition hath been suppressed and a new one ready drawn hath been put into their hands after their coming to Town insomuch as few of the company have known what they petitioned for and hath been by them presented to one or both Houses of Parliament as that of Bedfordshire and Buckinghamshire witness those Petitions and amongst the rest that from Hartfordshire which took notice of matters agreed on or dissented from the night before the delivery which was hardly time enough to get so many thousand hands and to travel to London in that errand The accused Members to shew how much they were above Us and the reach of the Law march with a Guard of armed Men to the place where the Committee sate sit with them and govern those Counsels First they procure a Declaration to be set forth and printed from the Committee without being reported to the House contrary to all Custom and Priviledge of Parliament and against the Law it self with very strange expressions of Our carriage and upon the matter requiring all people to assist them This they cause to be sent into the City to the common-Councel which by the undue practices of Captain Venne and Master Foulk since made Alderman for his good service their principal Agents they had caused to be altered by putting out the gravest and most substantial Citizens and taking in persons of desperate Fortunes and Opinions who they knew would concur with them in their more desperate Actions the same Design and the same way pursued to make the City of London at their disposal as had been practised in the House of Commons to work upon the whole Kingdom and with this Common-Council Correspondence is kept for the setting of unusual Watches placing of Guards in several places of the City as if some desperate attempt and assault were to be made upon the whole City by Us who were known scarce to have a Guard strong enough to preserve Our own House from Violence A Commander is appointed under the Title of Serjeant-Major-general and as if all Men were now by their new Protestation made Judges of the Priviledges of Parliament and the Breaches thereof and absolved from all Rules of Obedience special provision is made and publick direction is given for drawing down the Trained-bands of Our City of London to Westminster on a day appointed to guard and bring in triumph the persons accused of High-Treason as such worthy Patriots that the Commonwealth it self could not subsist but with reference to them who in their discourses and by their Messages to their Confederates expressed the greatest Scorn of and the most treasonable Reproaches against Us that can be imagined When We understood this horrid preparation made against Us the Power it was evident these persons had to do hurt and the Malice We knew they bore against Our Person which We had too great reason to fear they intended to seize We resolved to yield for the present to this Storm and so the day before their coming to Westminster We withdrew Our Person with Our Royal Consort and Our Children to Our House at Hampton-Court and the rather lest the Courage and Indignation of some of Our good Subjects might how weakly soever yet with the effusion of blood oppose that great scorn intended Us and believing that possibly by Our removing with all such persons whose presence was excepted against and discharging that small Guard which the Tumults had forced Us to take for Our Safety and which was urged as an Argument of Danger and Ground of the general Fears might at least lessen their appearance the next day But these Powerful Persons would by no means conceal their triumph over Us but the next day are guarded from their residence in the City with multitudes of armed Men and Ammunition in a hostile and warlike manner to Westminster The same Care and Industry was used to provoke and incense Our Mariners Masters of Ships and other Seamen who were solicited by the Agents for the accused Persons and by their special direction to express their Affection likewise to the Cause in hand and thereupon near one hundred Lighters and Long-Boats were set out by water laden with Sakers Murthering-Pieces and other Ammunition dressed up with Wast-clothes and Streamers as ready for fight And in this Array these Men by water and the Soldiers by land cried out as they passed by That they would thus Protect and Defend those worthy Gentlemen whom We had accused of High-Treason and as they passed by Our Windows at White-Hall scornfully asked what was become of Vs whither We were gone In this Equipage they came to both Houses where it is no wonder they have been since able to govern having given such testimony of their Power both by land and water Let all the world judge by what Law this Army was raised and whether any Act of Ours against these persons was as unwarrantable as these proceedings We bore all this being so much amazed at these Distractions that We could not easily find what colour the Malice of these Men had found out thus to out-face Us not yet conceiving We
been desired but that Peace and Protection which His Subjects and their Ancestors had in the best times enjoyed under His Majesty or His Royal Predecessors this Misunderstanding and distance between His Majesty and His People and this general Misery and Distraction upon the face of the whole Kingdom had not been now the discourse of Christendom But His Majesty will forbear any Expressions of Bitterness or of a sense of His own Sufferings that if it be possible the memory thereof may be lost to the World And therefore though many of the Propositions presented to His Majesty by both Houses appear to Him very derogatory from and destructive to His just Power and Prerogative and no way beneficial to His Subjects few of them being already due to them by the Laws established and how unparliamentary it is by Arms to requrie new Laws all the World may judge yet because these may be waved or mollified and many things that are now dark or doubtful in them cleared and explained upon debate His Majesty is pleased such is His sense of the Miserie 's this Kingdom suffers by this unnatural War and His earnest desire to remove them by a happy Peace that a speedy time and place may be agreed upon for the meeting of such persons as His Majesty and both Houses shall appoint to discuss these Propositions and such others here following as His Majesty doth propose to them I. That His Majesty's own Revenue Magazins Towns Forts and Ships which have been taken or kept from Him by force be forthwith restored unto Him II. That whatsoever hath been done or published contrary to the known Laws of the Land or derogatory to His Majesty's Legal and known Power and Rights be renounced and recalled that no seed may remain for the like to spring out of for the future III. That whatsoever illegal power hath been claimed and exercised by or over His Subjects as Imprisoning their Persons without Law stopping their Habeas Corpusses and imposing upon their Estates without Act of Parliament c. either by both or either House or any Committee of both or either or by any persons appointed by any of them be disclaimed and all such persons so committed forthwith discharged IV. That as His Majesty will readily consent having done so heretofore to the execution of all Laws already made and to any good Acts to be made for the suppressing of Popery and for the firm settling of the Protestant Religion now established by Law so He desires that a good Bill may be framed for the better preserving of the Book of Common-Prayer from the scorn and violence of Brownists Anabaptists and other Sectaries with such clauses for the ease of Tender Consciences as His Majesty hath formerly offered V. That all such persons as upon the Treaty shall be excepted out of the general Pardon shall be tried per Pares according to the usual course and known Law of the Land and that it be left to that either to acquit or condemn them VI. And to the intent this Treaty may not suffer interruption by any intervening Accidents that a Cessation of Arms and free Trade for all His Majesty's Subjects may be first agreed upon This Offer and Desire of His Majesty He hopes will be so chearfully entertained that a speedy and blessed Peace may be accomplished If it shall be rejected or by insisting upon unreasonable Circumstances be made impossible which He hopes God in his Mercy to this Nation will not suffer the guilt of the Blood which will be shed and the Desolation which must follow will lie upon the heads of the Refusers However His Majesty is resolved through what accidents soever He shall be compelled to recover His Rights and with what prosperous Successes soever it shall please God to bless Him that by His earnest constant endeavours to propagate and promote the true Protestant Religion and by His Governing according to the known Laws of the Land and upholding the Just Priviledges of Parliament according to His frequent Protestations made before Almighty God which He will always inviolably observe the World shall see that He hath undergone all these Difficulties and Hazards for the defence and maintenance of those the zealous Preservation of which His Majesty well knowns is the only foundation and means for the true Happiness of Him and His People Hen. Elsing Cler. Parliament D. C. The Articles of Cessation sent to His MAJESTY Februar ultimo WHereas the Lords and Commons in Parliament out of a tender sense of the present Miseries and Distractions of the Kingdom and for the obtaining and settling of a happy Peace between His Majesty and His People have humbly presented to His Majesty divers Propositions to which He hath been pleased to make this return That His desire was that a speedy time and place might be appointed for the discussing of those Propositions and likewise some others proposed by His Majesty It is thereupon agreed in both Houses that a Committee of both Houses shall be appointed to attend His Majesty on or before the fourth of March if His Majesty shall so please to endeavour to give Him all humble and fit satisfaction concerning the said Propositions both His Majesty's and their own And whereas for the more speedy removal of the bloody and miserable effects of War His Majesty hath likewise been graciously pleased by a late * Message to signifie his desire that for avoiding all intervening Accidents of War which might interrupt this Treaty there might be a Cessation of Arms under such particular conditions and limitations as should be agreed on their humble desires therein concurring with His Majesty it is by them assented and agreed That a Cessation of Arms in order to such a Treaty as is resolved upon by both Houses of Parliament may be enjoyned to all the Armies and Forces now on foot in the Kingdom of England and Dominion of Wales on either side under the restrictions and limitations hereafter following and that neither side shall be bound and limited by this Cessation in any other wise or to any other purpose than is hereafter expressed I. That all manner of Arms Ammunition Victuals Mony Bullion and all other Commodities passing without such a safe Conduct as may warrant their passage may be staid and seized on as if no such Cessation were agreed on at all II. That all manner of Persons passing without such a safe Conduct as is mentioned in the Article next going before shall be apprehended and detained as if no such Cessation were agreed on at all III. That His Majesty's Forces in Oxfordshire shall advance no nearer to Windsor than Wheatly and in Buckinghamshire no nearer to Ailesbury than Brill and that in Berks the Forces respectively shall not advance nearer the one to the other than now they are and that the Parliament-Forces in Oxfordshire shall advance no nearer to Oxford than Henly and those in Buckingham no nearer to Oxford than Ailesbury and that His
Officers to keep them from it seems to imply and the assertion that the two Houses of Parliament had ever disliked and forbidden it declares plainly to be their only meaning but particularly the Violence and Plundering used to His Subjects by forcibly taking away their goods for not submitting to Impositions and Taxes required from them by Orders or Ordinances of one or both Houses of Parliament which are contrary to the known Laws of the Land VI. Besides that there is no consent given to those Alterations and Additions offered by His Majesty whatsoever is pretended so where an absolute Consent may be supposed because the very words of His Majesties Article are wholly preserved yet by reason of the Relation to somewhat going before that is varied by them the sense of those words is wholy varied too as in the Fourth Article that part of the Third Article to which that did refer being wholly left out So that upon the matter all the Propositions made by His Majesty which did not in Terms agree with those presented to Him are utterly rejected For these Reasons and that this Entrance towards a blessed Peace and Accommodation which hath already filled the hearts of the Kingdom with Joy and Hope may be improved to the wished end His Majesty desires that the Committee now sent may speedily have liberty to treat debate and agree upon the Articles of Cessation in which they and all the World shall find that His Majesty is less sollicitous for His own Dignity and Greatness than for His Subjects Ease and Liberty And He doubts not upon such a Debate all differences concerning the Cessation will be easily and speedily agreed upon and the benefit of a Cessation be continued and confirmed to His People by a speedy disbanding of both Armies and a sudden and firm Peace which His Majesty above all things desires If this so reasonable equal and just Desire of His Majesty shall not be yielded unto but the same Articles still insisted upon though His Majesty next to Peace desires a Cessation yet that the not-agreeing upon the one may not destroy the hopes of nor so much as delay the other He is willing however to Treat even without a Cessation if that be not granted upon the Propositions themselves in that order as is agreed upon and desires the Committee here may be enabled to that effect In which Treaty He shall give all His Subjects that satisfaction that if any security to enjoy all the Rights Privileges and Liberties due to them by the Law or that Happiness in Church and State which the best times have seen with such farther acts of Grace as may agree with His Honour Justice and Duty to His Crown and as may not render Him less able to protect His Subjects according to His Oath will satisfie them He is confident in the Mercy of God that no more precious blood of this Nation will be thus miserably spent My Lord and Gentlemen WHereas by your former Instructions you are tied up to a circumstance of Time and are not to proceed unto the Treaty upon the Propositions until the Cessation of Arms be first agreed upon you are now authorized and required as you may perceive by the Votes of both Houses which you shall herewith receive to Treat and debate with His Majesty upon the two first Propositions according to those Instructions for four days after the day of the receit hereof notwithstanding that the Cessation be not agreed upon Your Lordships most humble Servant Manchester Speaker of the House of Peers pro tempore March 24. 1642. Received March 25. Die Veneris 24. Martii 1642. Resolved upon the Question by the Lords and Commons in Parliament THat the Committee at Oxon shall have power to Treat and debate with His Majesty upon the two first Propositions according to their Instructions for four days after the day of the receit of this Message notwithstanding that the Cessation is not yet agreed upon Resolved c. That The Committee formerly appointed to prepare the Articles of Cessation and Instructions for the Committee at Oxon shall consider of an Answer to be made to His Majesties Message this day received and likewise prepare Reasons to be sent to the Committee for them to press in the Treaty and debate upon the former Articles of Cessation and to shew His Majesty the grounds why the Houses cannot depart from those former Articles Joh. Brown Cler. Parliamentorum The Votes of both Houses and the Copy of the Answer to His MAJESTY received Martii 25. 1642. May it please Your Majesty WE Your Loyal Subjects the Lords and Commons in Parliament having received a Message from Your Majesty in which You are pleased to express Your Self not to be satisfied with the Articles of Cessation presented unto You by our Committee now attending You at Oxford and yet a signification of Your Majesties willingness to Treat upon the Propositions themselves even without a Cessation do with all humbleness give our consent that our Committee shall have power to treat and debate with Your Majesty upon the two first Propositions according to their Instructions for four days after the day of the receit of this Message notwithstanding that the Cessation be not yet agreed upon that as much as in us lies here may be no delay in the proceedings for the obtaining of a blessed Peace and the healing up the miserable Breaches of this distracted Kingdom and do purpose to represent very speedily unto Your Majesty those just Reasons and grounds upon which we have found it necessary to desire of Your Majesty a Cessation so qualified as that is whereby we hope You will receive such satisfaction as that You will be pleased to assent unto it and being obtained we assure our selves it will be most effectual to the Safety of the Kingdom and that Peace which with so much zeal and loyal affection to Your Royal Person and in a deep sense of the bleeding condition of this poor Kingdom we humbly beg of Your Majesty's Justice and Goodness Joh. Brown Cler. Parl. A Letter from the E. of Manchester to the E. of Northumberland Received Mar. 29. MY Lord I am commanded by the Peers in Parliament to send unto your Lordship the Reasons which both Houses think fit to offer unto His Majesty in pursuit of their adhering to their former Resolutions concerning the Articles of the Cessation of Arms. My Lord you shall likewise receive additional Instructions from both Houses and a Vote which I send you here inclosed My Lord this is all I have in command as Your Lordships most humble Servant Manchester Speaker of the House of Peers pro tempore Mar. 27. Die Lunae 27 Martii 1643. Resolved upon the Question by the Lords in Parliament THat the Earl of Northumberland their Committee at Oxford is hereby authorized to acquaint His Majesty with all their Instructions upon the two first Propositions Jo. Brown Cler. Parl. Additional Instructions March 29. Additional Instructions
We are to receive Advice for the Preservation of the Religion Laws and Safety of the Kingdom and as far as in Us lyes to restore it to its former Peace and Security Our chief and only end from those whom they have trusted though We cannot receive it in the place where We appointed And for the better encouragement of those Members of either House to resort to Us who may be conscious to themselves of having justly incurred Our Displeasure by submitting to or concurring in unlawful Actions and that all the World may see how willing and desirous We are to forget the Injuries and Indignities offered to Us and by an Union of English Hearts to prevent the lasting Miseries which this Foreign Invasion must bring upon this Kingdom We do offer a free and General Pardon to all the Members of either House who shall at or before the said twenty second day of January appear at Our City of Oxford and desire the same without Exceptions which considering the manifest Treasons committed against Us and the Condition We are now in improved by God's wonderful blessing to a better degree than We have enjoyed at any time since these Distractions is the greatest instance of Princely and Fatherly Care of Our People that can be expressed and which malice it self cannot suggest to proceed from any other Ground And therefore We hope and are confident that all such who upon this our gracious Invitation will not return to their Duty and Allegiance shall be no more thought Promoters of the Religion laws and liberty of the Kingdom which this way may be without doubt setled and secured but Persons engaged from the beginning out of their own Pride Malice and Ambition to bring Confusion and Desolation upon their Country and to that purpose having long since contrived the Design to invite and joyn with a Foreign Nation to ruine and extinguish their own and shall accordingly be pursued as the most desperate and malicious Enemies of the Kingdom And Our pleasure is That this Our Proclamation be read in all Churches and Chapels within this Our Kingdom and Dominion of Wales Given at Our Court at Oxford the two and twentieth day of December in the Nineteenth year of Our Reign 1643. God Save the KING MDCXLIII IV. A Letter from the Lords at Oxford and other Lords whose Names are subscribed to the Lords of the Privy-Council and the Conservators of the Peace of the Kingdom of Scotland Our very good Lords IF for no other Reason yet that Posterity may know we have done our Duties and not sate still while our Brethren of Scotland were transported with a dangerous and fatal mis-understanding that the Resolution now taken among them for an Expedition into England is agreeable to their obligation by the late Treaty and to the Wishes and Desires of this Kingdom expressed by the two Houses of Parliament we have thought it necessary to let your Lordships know That if we had dissented from that Act it could never have been made a Law And when you have examined and considered the Names of us who subscribe this Letter who we hope are too well known to your Lordships and to both Kingdoms to be suspected to want Affection to Religion or to the Laws and Liberties of our Country for the Defence and maintenance of which we shall always hold our Lives a cheap Sacrifice and when you are informed that the Earls of Arundel and Thanet and the Lords Stafford Stanhope Coventry Goring and Craven are in the parts beyond the Seas and the Earl of Chesterfield Westmorland and the Lord Mountague of Boughton under restraint at London for their Loyalty and Duty to His Majesty and the Kingdom your Lordships will easily conclude how very few now make up the Peers at Westminster there being in truth not above five and twenty Lords present or privy to those Councils or being absent consenting or concurring with them whereas the House of Peers consist of above one hundred besides Minors and Recusant Lords neither of which keep us company in this Address to your Lordships How we and the major part of the House of Commons come to be absent from thence is so notorious to all the World that we believe your Lordships cannot be strangers to it How several times during our sitting there Multitudes of the meanest sort of People with weapons not agreeing with their condition or custom in a manner very contrary and destructive to the privilege of Parliament fill'd up the way between both Houses offering Injuries both by words and actions to and laying violent hands upon several Members and crying out many Hours together against the established Laws in a most tumultuous and menacing way How no remedy would be submitted to for preventing those Tumults After which and other unlawful and unparliamentary Actions many things rejected and setled upon solemn debate in the House of Peers were again after many Threats and Menaces resumed altered and determined contrary to the Custom and Laws of Parliaments and so many of us withdrew ourselves from thence where we could not Sit Speak and Vote with Honour Freedom and Safety and are now kept from thence for our Duty and Loyalty to our Sovereign And we must therefore protest against any Invitation which hath been made to our Brethren of Scotland to enter this Kingdom with an Army the same being as much against the Desires as against the Duty of the Lords and Commons of England And we do conjure your Lordships by our common Allegiance and Subjection under one gracious Sovereign by the Amity and Affection between the two Nations by the Treaty of Pacification which by any such Act is absolutely dissolved and by all Obligations both Divine and Humane which can preserve Peace upon earth to use your utmost endeavours to prevent the effusion of so much Christian blood and the Confusion and Desolation which must follow the unjust Invasions of this Kingdom which we and we are confident all true English men must interpret as a Design of Conquest and to impose new Laws upon us And therefore your Lordships may be assured we shall not so far forget our own Interests and the Honour of our Nation as not to expose our Lives and Fortunes in the just and necessary defence of the Kingdom But if your Lordships in truth have any doubts or apprehensions that there now is or hereafter may be a purpose to infringe your Laws or Liberties from any Attempt of this Kingdom we do engage our Honours to your Lordships to be our selves most religious observers of the Act of Pacification and if the Breach and violation do not first begin within that Kingdom we are most confident you shall never have cause to complain of this And having thus far expressed Our selves to your Lordships we hope to receive such an Answer from you as may be a means to preserve a right understanding between the two Nations and lay an Obligation upon us to continue Your Lordships
take in those of another Kingdom to their Resolutions who are not bound by our Laws But what violation soever they make of the Laws they are forward to put the King in mind of His Duty and therefore tell Him That He is sworn to maintain the Laws as they are sworn to their Allegiance to Him these Obligations being reciprocal It is true in some sense that the Oath of the King and Subjects is reciprocal that is each is bound to perform what they swear the King as well as the Subjects but he that will well weigh their Letter and make one part have connexion with the other and examine that part of their Covenant whereby they swear they will defend the Kings Person and Authority no further or otherwise than in preservation of their Religion and Liberties may easily find another construction viz. That the Subjects Allegiance is no longer due than the King performs His Duty nay no longer than He in their opinion observes His Duty whereof they themselves must be Judges and if He fail in His Duty they may take up Arms against Him A Principle which as it is utterly destructive to all Government so we believe they themselves dare not plainly avow it lest as they now make use of it against the King so the People finding their failure of Duty and breach of Trust should hereafter practise it by taking up Arms against them and so shake of that yoak of Tyranny imposed by their fellow Subjects which lies so heavy upon them It were well as they still press upon the King maintenance of the Laws they would also know that their Obligation to observe the same is reciprocal and while they here resolve to defend and preserve the full Power of this Parliament which in their sense can be no other than the Power they have exercised this Parliament they would take notice that they are therein so far from observation of the Laws that they desperately resolve an utter subversion of them For what can more tend to the destruction of the Laws than to usurp a Power to themselves without the King and against His will to raise Arms to attribute to their Orders or pretended Ordinances the power of Laws and Statutes to inforce Contributions Loans and Taxes of all sorts from the Subject to imprison without cause shewed and then prohibit Writs of Habeas Corpus for their enlargement to lay Excises upon all Commodities to command and dispose of the Lives and Estates of the free-born Subjects of this Kingdom at their pleasure to impose Tonnage and Poundage contrary to the Law declared in the late Act for Tonnage and Poundage and all this done and justified as by a legal civil Power founded and inherent in them All which are manifest breaches of the Petition of Right and Magna Charta the great Evidence of the Liberties of England which Charter by express words binds them and us though assembled in Parliament as well as the King And though it be not now as heretofore it hath been taken by solemn Oath on the Peoples part as well as on the Kings nor a Curse as heretofore pronounced on the Violators yet they having taken a Protestation to maintain the Laws and the Liberties and Properties of the Subject and inclusively that Charter let them take heed whilst they make use of this their pretended Power to the destruction of the Law lest a Curse fall upon them and upon their Posterity God knoweth and it is too certain a truth that our selves and many other good Subjects in this Kindom even under the Power of the Kings Army have suffered exceedingly in Liberty and Estates during this present Rebellion by many heavy Charges the sad consideration whereof makes our hearts bleed because we can see no way for relief so long as this unnatural Rebellion continues But as these things were first practised by them and thereby necessitated upon the Kings Army so it was never yet pretended that they were done by virtue of a Law but either by Consent or by the unhappy and unavoidable exigences of War and to expire with the present Rebellion which God in mercy hasten For our parts we have the inward comfort of our own Consciences witnessing with us that we have improved all opportunities and advantages for the restoring of this Kingdom to its former Peace and we must witness for His Majesty His most hearty desires thereof And though both His Majesty and our endeavours therein have been made frustrate yet God in his great goodness hath raised up our spirits not to desert our Religion our King our Laws our Lives the Liberties of us English free-born Subjects and by God's assistance and His Majesty's concurrence we do resolve to unite our selves as one Man and cheerfully adventure our Lives and Estates for the maintenance and defence of the true Reformed Protestant Religion of the Church of England of which we profess our selves to be for the defence of the Kings Person and Rights of His Crown for the regaining and maintaining the Rights and Privileges of Parliament and the Liberty of the Subjects Person and Property of his Estate according to the known Laws of the Land to repel those of the Stotish Nation that have in a warlike manner entred this Realm and to reduce the Subjects thereof now in Rebellion to the Kings Obedience And we doubt not but the same God will enlighten the eyes of the poor deceived People of this Land like true-hearted honest English-Men to joyn unanimously with us in so just and pious a work And the God of Heaven prosper us according to the goodness of the Cause we have in hand The Names of the Lords and Commons of Parliament assembled at Oxford who did subscribe the Letter to the Earl of Essex dated January 27. 1643. CHARLES P. YORK CUMBERLAND Ed. Littleton C. S. Fra. Cottington D. Richmond M. Hartford E. Lindsey E. Dorset E. Shrewsbury E. Bath E. Southampton E. Leicester E. Northampton E. Devonshire E. Carlisle E. Bristol E. Berkshire E. Cleveland E. Rivers E. Dover E. Peterburgh E. Kingston E. Newport E. Portland V. Conway L. Digby L. Mowbray and Maltravers L. Wentworth L. Cromwell L. Rich. L. Paget L. Chandois L. Howard of Charleton L. Lovelace L. Savile L. Mohun L. Dunsmore L. Seymour L. Percy L. Wilmott L. Leigh L. Hatton L. Jermyn L. Carrington JOhn Fettiplace Esq Sir Alex. Denton Sir John Packington Sir Tho. Smith F. Gamul Esq Jo. Harris Esq Joseph Jane Esq Rich. Edgcombe Esq Jonathan Rashleigh Esq G. Fane Esq P. Edgcombe Esq Will. Glanvill Esq Sir Ro. Holborne Sir Ra. Sydenham Fra. Godolphin Esq Geo. Parry D. of Law Amb. Manaton Esq Ri. Vivian Esq Jo. Polewheele Esq John Arundell Esq Tho. Lower Esq Sir Edw. Hide Will. Allestree Esq Sir Geo. Stonehouse Ed. Seymour Esq Peter Sainthill Esq Sir Will. Poole Roger Matthew Esq Ri. Arundell Esq Ro. Walker Esq Giles Strangwaies Esq Sir John Strangwaies Sir Tho. Hele. Sir Ger. Naper Sam. Turner
well-affected to rise as one man and to come to the House of Commons next Morning for that 20000 Irish Rebels were landed which direction and information was likewise that day given in Pulpits by their Seditious Preachers and in some of those Papers were subscribed That the Malignant Party had over-voted the good and if not prevented there would be Peace the Propositions for Peace being the day before carried by nine and twenty Voices A Common-council was called late at night though Sunday and a Petition there framed against Peace which was the next morning brought to the House countenanc'd by Alderman Pennington a known Promoter and Governour of those Tumults and attended with a multitude of mean Persons who used Threats Menaces and Reproaches to the Members of both Houses Their Petition took notice of Propositions passed by the Lords for Peace which if allowed would be destructive to Religion Laws and Liberties and therefore desired an Ordinance according to the Tenor of an Act of their Common-council the night before Thanks was given them by the Commons whilst the Lords complained of the Tumults and desired a concurrence to suppress them and to prevent the like many of the People telling the Members of both Houses That if they had not a good Answer they would be there the next day with double the number By these Threats and Violence the Propositions formerly received were rejected and all thoughts of Peace laid aside Shortly after great numbers of Women resort to the House where the Commons sate with a Petition for Peace Troops of Horse were hereupon sent for who wound and kill several of the Women and disperse the rest Then special notice was taken of those Members who seemed most importunate and desirous of Peace and thereupon the late Covenant eagerly and severely pressed upon them By reason whereof and the other miscarriages whereby their freedom was absolutely taken from them divers of both Houses withdrew themselves And we must now appeal to all our fellow-Subjects of this Kingdom who have taken the Oaths of Allegiance and Supremacy who have any knowledge of the Rights Customs and Privileges of Parliament or of the Frame and Constitution of this Realm whether we or they have failed in our Duty to our King or Country and whether we have not in discharge of a good Conscience undergone the evils we have born And then we doubt not we shall not be thought less Members of Parliament though we are not at Westminster than if that City were in the possession of a Foreign Enemy Yet we confess the Place to be so material that if there were that Liberty and Freedom which is due to the Members and indeed is the life of Parliament the Act of those in the House being a lawful Act is the Act of the House though there were a greater number absent all who were of another opinion but in our case when we are by force driven away and by force kept away and when nothing can be said to justifie the Actions which are done but the Reputation and Number of the Actors we rely so much upon the understanding and honesty of our Country-men that they will believe when they see our concurrence and unanimity in Resolutions and Counsel for their Peace welfare and security as we are confident the number of those who concur in this Declaration is greater than hath concurred in most if not in any of those things of which we complain that it will be better for them to be advised by us at Oxford than by those at Westminster from whence we are absent only by reason of those Outrages and Violence offered to our Persons or our Consciences which takes away all Freedom and consequently all Authority from those Councils and where indeed these men ought not to undertake to act any thing till that Freedom and Liberty be restored to us who as long as this Parliament shall continue notwithstanding all the Votes of those who are guilty of Treason and Rebellion mustaccount our selves and shall be accounted by our Country the true and lawful Members of Parliament Having said thus much to undeceive our Brethren and that our fellow-Subjects may be no longer seduced to unlawful actions by colour and pretence of Parliament we shall briefly present to their view and consideration the danger and condition of His Majesty's Person His Honour and Rights the Religion and Liberty of the Kingdom the defence and maintenance of which those Persons with whom we cannot agree seem and pretend to undertake For their Care of the Honour and Safety of His Majesty's Person to the which we are so absolutely obliged and so solemnly sworn we shall need only to mention which we mention with great sadness of Heart and Horrour the taking by force His Majesty's Forts Towns Navy the assuming a power over the Militia of the Kingdom the denying his Majesty's Negative Voice the uncomely insolent and disloyal mentioning of His Majesty's Person the neglect contempt and violation of Leagues made by His Majesty with Foreign Princes in the Injuries and Affronts done to their publick Ministers and otherwise the transcendent presumption of sending Agents to Foreign Princes and in the Name of the States of England the traytourcus distinction between the Person of the King and His Office and declaring that an attempt upon His Life is not High-Treason which Doctrine is so much countenanced that Persons who have threatned to Kill the King having been complained of have been left unpunished and the Witnesses and Prosecutors threatned or discountenanced the raising an Army against Him and therewith giving Battle to His Person All which are known to be very unagreeable with the Affection Duty and Loyalty of Subjects and English-men Concerning Religion we cannot but with bleeding Hearts and trembling Souls consider the unheard-of Impieties and Prophanations exercised in Churches and Consecrated places the Countenance and licence given to scandalous debosh ignorant Lay-persons to Preach and exercise the Office of the Ministry the suppressing and cruel using and imprisoning in Gaols and on Ship-board Godly Learned Orthodox Divines famous and exemplary in their Lives and Doctrine the most eminent Assertors of the Protestant Religion against Popery and Innovations the scurrilous and scandalous reviling scoffing and suppressing the Book of Common-Prayer compiled by glorious Martyrs for the Protestant Religion established by Law and so long and so publickly used and acknowledged as an excellent and unparallel'd form of Devotion and Divine Service the suspending the execution of the Act of Parliament made in the first year of Queen Elizabeth of famous memory for Uniformity of Common-Prayer by an Order under the hand of a private Member of the House of Commons and that during the recess of both Houses the stirring up and inciting the People to Rebellion in Pulpits and which is the greatest Scandal and Reproach to the Protestant Religion that can be imagined the making Religion it self the ground and cause of Rebellion
MAJESTY The humble Petition of the Lords and Commons of Parliament assembled at Oxford according to Your MAJESTY'S Proclamation WE most humbly acknowledge Your Princely Goodness in calling us to receive our Advices for preservation of the Religion Laws and Safety of the Kingdom and to restore it to its former Peace and Security How earnestly we have sought a Peace with Your Majesty's most gracious Concurrence doth appear by the printed Declaration of our Proceedings touching a Treaty for Peace wherein we aimed at a free and full Convention of Parliament as the most hopeful way to unite these unhappy Divisions And since that hath been refused we have applyed our Advices for supporting Your Armies the visible means now left for maintaining our Religion restoring the Laws and procuring the Safety of the Kingdom being assured from Your Majesty You do and will employ Your Armies to no other end And although our selves are most fully satisfied of Your Majesty's pious and just Resolutions herein yet because Fears and Jealousies have been and are maliciously scattered amongst Your Subjects to poison their Affections and corrupt their Loyalty to Your Majesty therefore to the end we may be enabled by Your gracious Answer to satisfie all the World or to leave them unexcusable who will not be satisfied we do in all humility present to Your Majesty these Petitions That Your Majesty will give direction for the re-printing Your Protestation made in the head of Your Army and Your other Declarations wherein Your constant Resolution is declared to maintain and defend the true reformed Protestant Religion and that the same may be with more diligence published amongst the People that so Your Princely Christian Zeal and Affection to that Religion and to maintain the same against all Popery Schism and Profaneness may be manifested and which we beseech Your Majesty upon this our Petition to declare again to all the World to the discountenance and suppression of those Scandals laid upon Your Majesty by those who disturb our Peace That when there may be a full and free Convention of Parliament a National Synod may be lawfully called to advise of some fit means for the establishing the Government and Peace of our Church to whom may be recommended a care for the ease of the tender Consciences of Your Protestant Subjects Touching our Laws we cannot ask more of Your Majesty than to declare and continue Your former Resolutions to hold and keep them inviolable and unalterable but by Act of Parliament And for avoiding the Scandal maliciously infused into many of Your Subjects that if Your Majesty prevail against this Rebellion You intend not to use the frequent Council of Parliaments we humbly pray and advise Your Majesty to declare the sincerity of Your Royal Heart therein to satisfie Your seduced Subjects against such false and malicious Aspersions And in respect the present Contributions Loans Taxes and other Impositions for maintenance of Your Armies have been submitted unto as Exigences of War and Necessity because of this unexampled Rebellion and Invasion we humbly beseech Your Majesty to Declare That they shall not be drawn into example nor continue longer than the present Exigence and Necessity nor be at any time mentioned as Precedents And that for the farther security of Your People Your Majesty will vouchsafe to promise Your Royal Assent to a Law to be made and declared to that purpose in a full and free Convention of Parliament And that for the present ease and encouragement of those under Contributions by Contract with Your Majesty You will be pleased that those Contracts may be so observed that Your Subjects may not have just cause of complaint against the Commanders Governors Officers or Souldiers of Your Army or of or in any Your Garrisons Castles or Forts for taking any Money Horses or other Cattel Provisions or other Goods or any Timber or Woods of any Your Subjects or Free-Billet or Free-Quarter in any place where the Contributions and Taxes agreed on are paid humbly beseeching Your Majesty's gracious Care herein and that the Offenders may receive exemplary punishment Lastly That Your Majesty will retain Your pious endeavours to procure the Peace of this languishing Kingdom not to be removed or altered by any advantages or prosperous success His MAJESTY'S Gracious Answer to the aforesaid Petition AS We shall always acknowledge the great Comfort and Assistance We have received by your Councils since your Meeting here according to Our Proclamation so We must give you very particular Thanks for the Expressions you have made in this Petition of your Confidence in Us and for the Care you have therein taken that all Our good Subjects may receive ample satisfaction in those things upon which the Good and Welfare of their Condition so much depends We have long observed though not without wonder the sly subtile and groundless Insinuation infused and dispersed amongst our People by the disturbers of the Publick Peace of Our favouring and countenancing of Popery And therefore as in Our constant visible practice We have to the utmost of Our Power and We hope sufficiently manifested the gross falshood of those Imputations and Scandals so We have omitted no opportunity of publishing to all the World the clear Intentions and Resolutions of the Soul in that point We wish from Our heart that the true Reformed Protestant Religion may not receive greater Blemish by the Actions and Practices of these Men than it doth or shall by any Connivence of Ours We will take the best care We can and We desire your assistance in it to publish to all Our good Subjects that Our Protestation and those Declarations you mention And We do assure you there is not an Expression in either of them for the maintenance and advancement of Our Religion with which Our Heart doth not fully concur and in which We shall be so constant that if it shall not please God to enable Us by Force to defend it We shall shew Our Affection and Love to it by dying for it We may without vanity say It hath pleased God to enlighten Our Understanding to discern the clear Truth of the Protestant Religion in which We have been born and bred from the Mists and Clouds of Popery the which if it hath made any growth or progress of late within the Kingdom as We hope it hath not is more beholding to the unchristian Rage and Fury of these Men than to any Connivence or Favour of Ours For a National Synod We have often promised it and when God shall give so much Peace and Quiet to this Kingdom that regular and lawful Conventions may be esteemed shall gladly perform that Promise as the best means to re-establish Our Religion and make up those Breaches which are made And We shall then willingly recommend unto them a special care of the ease of tender Consciences of Our Protestant Subjects as We have often expressed For the Laws of the Land We can say no more than We
which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no loss IX That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duly executed and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this Kingdom X. The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of Parliament there shall think fit XI That the King do give His Royal Assent To an Act for the due Observation of the Lords day And to the Bill for the suppression of Innovations in Churches and Chappels in and about the Worship of God and for the better advancement of the Preaching of God's holy Word in all parts of this Kingdom And to the Bill against the enjoying of Pluralities of Benefices by Spiritual Persons and non-Residency And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colleges 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 perpetual And to an Act for the taking the Accompts of the Kingdom And to an Act to be made for relief of sick and maimed Souldiers and of poor Widows and Children of Soldiers And to such Act or Acts for raising of Moneys for the payment and satisfying of the publick Debts and Damages of the Kingdom and other publick 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 maines and all other charges incident or arising for or by reason of Wardship Livery Primer seisin or Ouster le main And for the taking away of all Tenures by Homage and all Fines Licences 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 Soccage and that His Majesty will please to accept in recompence hereof 100000 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 Council and Conservatory of Peace and the Commissioners for the common Burthens and assembled the 22 day of June 1643. and several times continued since in such manner and with such additions and other Acts as the Estates convened in this present Parliament shall think convenient XII That an Act be passed in the Parliament of both Kingdoms respectively for confirmation of the Treaties passed betwixt the two Kingdom viz. the large Treaties the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Berwick of the 29. of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. with all other Ordinances and Proceedings passed betwixt the two Kingdoms in pursuance of the said Treaties XIII That an Act of Parliament be passed to make void the Cessation of Ireland and all Treaties with the Rebels without consent of both Houses of Parliament and to settle the prosecution of the War of Ireland in both Houses of Parliament to be managed by the joynt advice of both Kingdoms and the King to assist and to do no Act to discountenance or molest them therein XIV That an Act be passed in the Parliament of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30. of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. That the Persons who shall expect no Pardon be only these following RUPERT and MAURICE Count Palatines of the Rhene James Earl of Derby John Earl of Bristol William Earl of Newcastle Francis Lord Cottington John Lord Pawlet George Lord Digby Edward Lord Littleton William Laud Arch-Bishop of Canterbury Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Dery Sir John Biron Knight William Widdrington Colonel George Goring Henry Jermin Esq Sir Ralph Hopton Sir Francis Doddington M. Endymion Porter Sir George Ratcliffe Sir Marmaduke Langdale Sir John Hotham Captain John Hotham his Son Sir Henr Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddel Junior Colonel ..... Ware Sir John Strangwaies Sir John Culpeper Sir Richard Floyd John Bodvile Esq Mr. David Jenkins Sir George Strode Sir Alexander Carew Marquiss of Huntley Earl of Montross Earl of Niddisdale Earl of Traquaire Earl of Carnewath Viscount of Aubayne Lord Ogilby Lord Rae Lord Harris Lodwick Lindsey sometime Earl of Crawford Patrick Ruthen sometime Earl of Forth James King sometime Lord Ethyn Irving younger of Drunim Gordon younger of Gight Lesly of Auchintoule Sir Robert Spotswood of Dumipace Colonel John Cockram Master John Maxwel sometime pretended Bishop of Ross Master 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 Arms 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 Humphry Bennet Esq Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Lee Sir John Pate John Ackland Edmund Windham Esquires Sir John Fitz-herbert Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esq Sir William Russel of Worcestershire Thomas Lee of Adlington Esq Sir John Girlington Sir Paul Neale Sir William Thorold Sir Edward Hussey Sir Thomas Lyddel Senior Sir Philip Musgrave Sir John Digby of Nottingh Sir Henry Fletcher Sir Richard Minshal Laurence Halsteed John Denham Esquires Sir Edmund Fortescue Peter St. Hill Esq Sir Tho. Tildesly Sir Hen. Griffith Michael Wharton Esq Sir Hen. Spiller Sir George Benion Sir Edward Nicholas Sir Edward Walgrove Sir Edward Bishop Sir Robert Owsly Sir John Maney Lord Cholmely Sir Thomas Aston Sir Lewis Dives Sir Peter Osborn Samuel Thorneton Esq Sir John Lucas John Blomey Esq Sir Thomas Chedle Sir Nicholas Kemish and Hugh Lloyd Esq and all such of the Scotish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their Proceedings or have sworn 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 Kingdom of Scotland or the late Invasion made there by the Irish and their Adherents and that the
Southampton the Earl of Kingston the Earl of Chichester the Lord Capell the Lord Seymour the Lord Hatton the Lord Culpeper Secretary Nicholas Master Chancellor of the Exchequer the Lord Chief Baron Lane Sir Orlando Bridgeman Sir Thomas Gardiner M. John Ashburnham M. Jeffrey Palmer together with Dr. Steward Clerk of His Majesty's Closet upon the Propositions concerning Religion to meet with the persons mentioned in the said Message at Vxbridge on Wednesday night the 29 th of this instant January the Treaty to begin the next day which persons or any Ten of them shall be sufficiently authorized by His Majesty to Treat and conclude on His Majesty's part And to the end that the persons aforesaid and their Retinue may repair to Vxbridge stay there and return at their pleasure without interruption or go or send during their abode there to His Majesty as often as occasion shall require His Majesty desires that a safe Conduct may accordingly be sent for the said persons and their Retinue according to a List of their names herewith sent And then also inclosed in a Letter from Prince Rupert to the Earl of Essex His Majesty sent Propositions to be Treated upon on His Majesty's part which Letter and Propositions follow My Lord I Am commanded by His Majesty to send these enclosed Propositions to your Lordship to be presented to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland to the end that there may be as little loss of time as is possible but that the same may be treated on as soon as may be thought convenient after the entry upon the Treaty His MAJESTY'S Propositions to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland for a safe and well-grounded Peace I. THAT His Majesty's own Revenue Magazines Towns Forts and Ships which have been taken or kept from Him by force be forthwith restored unto Him II. That whatsoever hath been done or published contrary to the known Laws of the Land or derogatory to His Majesty's Legal and known Power and Rights be renounced and recalled that no seed may remain for the like to spring out of for the future III. That whatsoever illegal Power hath been claimed or exercised by or over His Subjects as Imprisoning or putting to Death their Persons without Law stopping their Corpus's and imposing upon their Estates without Act of Parliament c. either by both or either House or any Committee of both or either or by any Persons appointed by any of them be disclaimed and all such persons so committed forthwith discharged IV. That as His Majesty hath always professed His readiness to that purpose so He will most chearfully consent to any good Acts to be made for the suppression of Popery and for the firmer settling of the Protestant Religion established by Law as also that a good Bill may be framed for the better preserving of the Book of Common-Prayer from scorn and violence and that another Bill may be framed for the ease of tender Consciences in such particulars as shall be agreed upon For all which His Majesty conceives the best expedient to be that a National Synod be legally called with all convenient speed V. That all such persons as upon the Treaty shall be excepted and agreed upon on either side out of the General Pardon shall be tried per Pares according to the usual course and known Law of the Land and that it be left to that either to acquit or condemn them VI. And to the intent this Treaty may not suffer interruption by any intervening Accidents that a Cessation of Arms and free Trade for all His Majesty's Subjects may be agreed upon with all possible speed Given at the Court at Oxford the 21th day of Jan. 1644. The Earl of Essex upon receipt hereof returned to Prince Rupert together with a safe Conduct this Letter of the 25. of January Sir I AM commanded by both Houses of the Parliament of England and desired by the Commissioners of the Kingdom of Scotland to desire Your Highness to let His Majesty know That they do agree that their Committees do begin the Treaty at Vxbridge on Thursday the 30 th of this January with the Persons appointed by His Majesty on the matters contained in the Propositions lately sent unto His Majesty in such manner as was proposed And their Committees shall have Instructions concerning the Propositions sent from His Majesty in your Highness Letter And you will herewith receive a safe Conduct from the Lords and Commons assembled in the Parliament of England for the Persons that are appointed by His Majesty to come to Vxbridge to Treat on the Propositions for a safe and well-grounded Peace with their Retinue in a List hereunto annexed Sir I am Your Highness humble Servant Essex Westminster 25. Jan. 1644. Thursday the 30th of January all the Commissioners named by His Majesty and Commissioners named by the two Houses of Parliament in England and the Estates of the Parliament in Scotland did meet at Uxbridge where their Commissions were mutually delivered in and read and are as followeth His MAJESTY'S Commission CHARLES R. VVHereas after several Messages sent by Us to the Lords and Commons of Parliament assembled at Westminster expressing Our desires of Peace certain Propositions were sent from them and brought unto Us at Oxford in November last by the Earl of Denbigh and others and upon our Answers Messages and Propositions to them and their Returns to Us it is now agreed That there shall be a Treaty for a safe and well grounded Peace to begin at Vxbridge on Thursday the 30 th of this instant January as by the said Propositions Answers Messages and Returns in writing may more fully appear We do therefore hereby appoint assign and constitute James Duke of Richmond and Lenox William Marquess of Hartford Thomas Earl of Southampton Henry Earl of Kingston Francis Earl of Chichester Francis Lord Seymour Arthur Lord Capell Christopher Lord Hatton John Lord Culpeper Sir Edward Nicholas Knight one of Our principal Secretaries of State Sir Edward Hyde Knight Chancellour and Under-Treasurer of Our Exchequer Sir Richard Lane chief Baron of Our said Exchequer Sir Thomas Gardiner Sir Orlando Bridgeman Mr. John Ashburnham and Mr. Jeffrey Palmer together with Doctor Richard Steward upon these Propositions concerning Religion to be Our Commissioners touching the premises 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 Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Bafil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Esquires Sir Henry Vane the younger Knight Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux Esquires for the Lords and Commons assembled in the Parliament of England at Westminster and
is prejudicial to the Civil State which we have often desired from you 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 allotted 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 than 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 days debate concerning Religion and our removal of whatever Objections have been offered by your Lordships and our making it appear how great a hinderance Episcopal Government is and hath been to a perfect Reformation to the growth of Religion and prejudicial to the Civil State that your Lordships would have been ready to have answered our expectation with the Grant of our Demands But if still your Lordships remain unsatisfied we conceive it cannot with any Justice be imputed unto us and therefore we again desire your Lordships full and clear Answer to what we have delivered unto you concerning Religion Upon this last Paper and after the several Debates between the Commissioners and Arguments by the Divines and consideration had of all that had been delivered concerning Religion His Majesty's Commissioners gave in these Four Papers following 13. February WE are not yet satisfied that the Bill insisted on by your Lordships which remains in His Majesty's hands for the utter abolishing of Arch-Bishops Bishops Deans and Chapters c. ought to be enacted believing it not to be agreeable to Conscience and Justice 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 certain 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 to the Articles of the late Treaty of the date at Edenburgh 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 than is exprest in the said Bill Upon 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 Civil State by this Bill being enacted in the failure of Justice at the Common Law and otherwise in many several particulars of great importance to the Subjects of this Kingdom which for ought appears to us is not yet provided for and that by a particular Clause in the Bill His Majesty's ancient and undoubted power of the Ecclesiastical Jurisdiction is wholly taken away besides it may be very considerable what inconveniencies 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 Jurisdiction exercised by Bishops since that time are already void which would produce great inconveniences and mischiefs touching the probates of Wills and Administrations throughout the Kingdom 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 void by this Bill and so at least to discountenance all Acts which have insued by virtue 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 individual Bill ought not to pass 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 continual Succession in the Church of Christ till within these few years without intermission or interruption and then how perilous a thing it must be and prejudicial to the publick Peace to remove and destroy a Form of Government so long exercised in this Kingdom and under which we have enjoyed as great a measure of Happiness to say no more as any Nation in Christendom and which your Lordships have not pretended to be unlawful before we particularly see the Model of that Government and Jurisdiction 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 Government will submit otherwise Peace which is the main 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 the present Government and make such Alterations therein as may most probably give satisfaction to all persons seriously disturbed or afflicted in their Consciences than by destroying the whole to give just Offence and Scandal to very many Pious and Religious Persons Under these Considerations and for the uniting and reconciling all Differences between us in the matter of Religion and procuring a blessed Peace we are willing That Freedom be left to all Persons of what Opinion soever in matters of Ceremony and that all the Penalties of the Laws and Customs which enjoyn those Ceremonies be suspended That the Bishop shall exercise no Act of Jurisdiction or Ordination without the consent and counsel of the Presbyters who shall be chosen by the Clergy of each Diocess out of the learned stand gravest Ministers of that Diocess That the Bishop keep his constant residence in his Diocess 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 Sickness he Preach every Sunday in some Church within his Diocess That the Ordination of Ministers shall be always in a publick and solemn 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
at Our Court at Tavestock the 8 th of September 1644. The Bill for Abolishing Episcopacy VVHereas the Government of the Church of England by Arch-bishops Bishops their Chancellors and Commissaries Deans Deans and Chapters Arch-deacons and other Ecclesiastical Officers depending upon the Hierarchy hath by long experience been found to be a great impediment to the perfect Reformation and growth of Religion and very prejudicial to the Civil State and Government of the Kingdom Be it therefore Enacted by the King 's most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That from and after the fifth day of November in the year of our Lord One Thousand Six Hundred Forty and Three there shall be no Arch-bishop Bishop Chancellor or Commissary of any Arch-Bishop or Bishop nor any Dean Sub-dean Dean and Chapter or Arch deacon nor any Chancellor Chaunter Treasurer Sub-treasurer Succentor or Sacrist of any Cathedral or Collegiate Church nor any Prebendary Canon Canon-Residentiary Petty-Canon Vicar-Choral Choristers old Vicars or new Vicars of or within any Cathedral or Collegiate Church or any other their Officers within this Church of England or Dominion of Wales and that from and afrer the said fifth day of November the Name Title Dignity Jurisdiction Office and Function of Arch bishops Bishops their Chancellors and Commissaries Deans Sub-deans Deans and Chapters Arch-deacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Sub-treasurers Succentors and Sacrists and all Vicars-Choral and Choristers old Vicars and new Vicars and every of them and likewise the having using or exercising of any Power Jurisdiction Office or Authority by reason or colour of any such Name Title Dignity Office or Function within this Realm of England or Dominion of Wales shall thenceforth cease determine and become absolutely void and shall be abolished out of this Realm and the Dominion of Wales any Usage Law or Statute to the contrary 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 King's Majesty His Heirs or Successors shall use or exercise any Jurisdiction Ecclesiastical within this Realm 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 Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be other than Impropriations Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were of or belonging unto any Arch-bishop Bishop Arch-bishoprick or Bishoprick or any of them or which they or any of them held or injoyed in right of their said Arch-bishoprick or Bishoprick respectively shall by the Authority of Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of the King's Majesty His Heirs and Successors and He shall have hold possess and enjoy the same to Him His Heirs and Successors without any Entry or other Act whatsoever and that the King's Majesty His Heirs and Successors His and their Lessees Farmers and Tenants shall hold and enjoy the same discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial means to all intents and purposes as any Arch-bishop or Bishop at any time or times within the space of two years last past held or enjoyed or of right ought to have held or enjoyed the same Provided nevertheless and be it enacted by the Authority aforesaid That all Leases Grants Gifts Letters-Patents Conveyances Assurances or Estates whatsoever hereafter to be made by the King's Majesty His Heirs 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 Majesty His Heirs or Successors other than for the Term of One and Twenty years or Three Lives or some other Term of years 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 yearly Rent or more shall be reserved and payable yearly during the said Term and whereof any former Lease is in being not to be expired surrendred or ended within three years after the making of any such new Lease shall be utterly void and of none effect to all intents constructions and purposes any clause or words of non obstante to be put in any such Patent Grant Conveyance or Assurance and any Law Usage Custom 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 Vicarages 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 Meadows Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Rights of Patronage and Presentation Parks Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet 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-dean Dean Dean and Chapter Arch-deacon Chaunter Chancellor Treasurer Sub-treasurer Succentor Sacrist Prebendary Canon Canon-Residentiary Petty-Canon Vicars Choral Choristers old Vicars and new Vicars or any of them or any of the Officers of them or any of them which they held or enjoyed 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 real and actual possession and seisin of Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire and they shall have hold possess and enjoy the same to them their Heirs and Assigns without any Entry or other Act whatsoever and that for themselves their Lessees Farmers and Tenants discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial manner to all intents and purposes as any of the Persons or Corporations whose Offices or Places are taken away by this Act at
Commissioners should have the Power but for seven years yet We should not have it after those seven years nor at any time unless they and We could agree in it so much would they have gained by this seeming compliance in point of limitation of this Power to a time though not to that time of three years which We proposed But they justifie the Reasonableness of it for whereas Our Commissioners in their Paper to which this of theirs is applied as an Answer tell them that if the time for this Power be unlimited We and Our Posterity shall for ever part with Our peculiar Regall Power of being able to resist Our Enemies or protect Our good Subjects and with that undoubted and never-denied Right of the Crown to make War and Peace or ever more to have Jurisdiction over Our own Navy and Fleet at Sea the Command thereof being also a part of this great Power to be given to these Commissioners they answer plainly They cannot admit of this peculiar Regall Power which Our Commissioners mention to reside in Vs concerning the Militia and to make Peace and War or that it is otherwise to be exercised then by Authority from Vs and both Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively We approve of their ingenuity that now at the breaking off of the Treaty they tell Us in plain terms what they mean Though the Common-Law-books and Records of Parliament have mentioned that the sole Power of protecting the Subjects belongs to the King and that He alone hath Power to make Peace and War though it hath been the language of former Parliaments even of the last Parliament and at the beginning of this Parliament That the Power of Peace and War is in the King but if He will have Money from His Subjects to maintain the Wars He must have their Consents and though the universal consent and common Opinion heretofore hath gone accordingly yet they cannot admit thereof as to have been Our Right for the Answer is made to the assertion concerning Our Right And not admitting it it seems their Oaths of Allegeance and Supremacy to defend Our Crown and Dignity and to assist and defend all Jurisdictions Priviledges and Authorities belonging to Us oblige them not And as they do not admit this Power in Right to have been in Us alone for the time past so neither will they admit it for the time to come in Us or Our Successors to be able to resist Our Enemies or protect Our Subjects or to make Peace or War but it must be by Authority from Vs and the two Houses and the Estates of the Parliament of Scotland respectively They are to be associated in these Regal Powers and the Scepter and the Sword may in Pictures or Statues but are not in deed to be in the Kings hand alone Upon these grounds We wonder not that they would have the Navy and Fleet at Sea to be put into the hands of their Commissioners for seven years as the Militia for the Land and after the seven years to be commanded in such manner as they and We should agree and not otherwise for the say the Reasons are the same for them as for the Militia by Land It is a principal means they say of their security and We cannot find they think themselves to have any security if We and Our Successors have any Power But if We will part with Our Power wholly unto them We and Our Posterity shall be fully secured by the Affections of Our Subjects that is by the Lords and Commons now at VVestminster who in their sense represent all the People who by themselves during the Parliament or when they shall please to make any Recesses by their Commissioners during the Intervals will free Us from the burthen of the Militia and of Our Navy and so of protecting Our Subjects and will save Us the Charge of Our Navy because it is to be principally maintained by the free gift of the Subject out of Tonnage and Poundage and other Impositions upon Merchandise And having taken this care for Our Security suitable to all their Actions these three years last past they say that for security of those who have been with Vs in the War an Act of Oblivion is desired to be passed whereby all Our Subjects would have been put in one and the same condition and under the same protection with some Exceptions mentioned in the Propositions We are not willing to mention those Exceptions by which not only most of Our best Subjects who have been with Us in the War according to their Duties by express or general terms are excepted but all the Estates of some of them and a great part of the Estates of the rest of them for that very cause because they were with Us in the War are to be forfeited As for securing them by an Act of Oblivion they have less cause to desire it than they who propose it as being more secured by the Conscience of doing their Duties and the protection of the known Common Law of the Land if it might take place than any protection under the two Houses or their Commissioners for the Militia yet we were not unwilling for the security of all Our Subjects to have assented to an Act of Oblivion being willing as much as in Us lies to have made up these Breaches and buried the memory of these unhappy Divisions It was urged by Our Commissioners that according to the literal sense of the Propositions in the Powers given to the Commissioners for the Militia That Sheriffs and Justices of Peace and other legal Ministers could not raise the Posse Comitatus or Forces to suppress Riots without being liable to the interpretation of the Commissioners To this they answer That this is no part of the Militia to be exercised by the Commissioners but in executing of Justice and legal Process nor can be intended to be any disturbance but for the preservation of the Peace We shall admit that to be their meaning but it being by the Propositions made Treason in any who shall levy any Forces without Authority or consent of the Commissioners to the disturbance of the publick Peace it is apparent that the Sheriffs or Justices of Peace if they raise any Forces to suppress any tumultuous Assembly which it is possible some of the Commissioners may countenance or for executing of other legal Acts may not only be liable to the interpretation of being disturbers of the Publick Peace but feel the punishment of it And whereas they say That the Power given by the Propositions to the Commissioners for the Militia of both Kingdoms as a joynt Committee for the hearing and determining Civil Actions and Differences cannot be extended further than preservation of the Articles of the Peace to be made We conceive that a Court being thereby allowed to them for the hearing and determining of Civil matters for the preservation of
attain to that Kingdom of Peace in my Heart and in thy Heaven which Christ hath purchased and thou wilt give to thy Servant tho a Sinner for my Saviours sake Amen II. Vpon the Earl of STRAFFORD's Death I Looked upon my Lord of Strafford as a Gentleman whose great Abilities might make a Prince rather afraid than ashamed to employ him in the greatest affairs of State For those were prone to create in him great confidence of undertakings and this was like enough to betray him to great errors and many enemies Whereof he could not but contract good store while moving in so high a sphear and with so vigorous a lustre he must needs as the Sun raise many envious exhalations which condensed by a Popular Odium were capable to cast a cloud upon the brightest Merit and Integrity Though I cannot in my Judgment approve all he did driven it may be by the necessities of Times and the Temper of that People more than led by his own disposition to any height and rigor of actions yet I could never be convinced of any such Criminousness in him as willingly to expose his life to the stroke of Justice and Malice of his Enemies I never met with a more unhappy conjuncture of affairs than in the business of that unfortunate Earl when between my own unsatisfiedness in Conscience and a necessity as some told Me of satisfying the importunities of some people I was perswaded by those that I think wished Me well to chuse rather what was safe than what seemed just preferring the outward Peace of my Kingdoms with men before that inward exactness of Conscience before God And indeed I am so far from excusing or denying that compliance on My part for plenary consent it was not to his destruction whom in my Judgment I thought not by any clear Law guilty of Death that I never bare any touch of Conscience with greater regret which as a sign of my Repentance I have often with sorrow confessed both to God and men as an act of so sinful frailty that it discovered more a fear of Man than of God whose name and place on Earth no man is worthy to bear who will avoid inconveniencies of State by acts of so high injustice as no publick convenience can expiate or compensate I see it a bad exchange to wound a mans own Conscience thereby to salve State sores to calm the storms of Popular discontents by stirring up a tempest in a mans own bosome Nor hath Gods Justice failed in the event and sad consequences to shew the world the fallacy of that Maxime Better one man perish tho unjustly than the people be displeased or destroyed For In all likelihood I could never have suffered with my people greater calamities yet with greater comfort had I vindicated Strafford's Innocency at least by denying to sign that destructive BILL according to that Justice which my Conscience suggested to Me than I have done since I gratified some mens unthankful importunities with so cruel a favour And I have observed that those who counselled Me to sign that BILL have been so far from receiving the rewards of such ingratiatings with the People that no men have been harassed and crushed more than they He only hath been least vexed by them who counselled Me not to consent against the Vote of my own Conscience I hope God hath forgiven Me and them the sinful rashness of that business To which being in my Soul so fully conscious those Judgments God hath pleased to send upon Me are so much the more welcome as a means I hope which his Mercy hath sanctified so to Me as to make Me repent of that unjust Act for so it was to Me and for the future to teach Me That the best rule of Policy is to prefer the doing of Justice before all enjoyments and the Peace of my Conscience before the preservation of my Kingdoms Nor hath any thing more fortified my resolutions against all those violent importunities which since have sought to gain a like consent from Me to Acts wherein my Conscience is unsatisfied than the sharp touches I have had for what passed Me in my Lord of Strafford's Business Not that I resolved to have employed him in my Affairs against the advice of my Parliament but I would not have had any hand in his Death of whose Guiltlesness I was better assured than any man living could be Nor were the Crimes objected against him so clear as after a long and fair hearing to give convincing satisfaction to the Major part of both Houses especially that of the Lords of whom scarce a third part were present when the Bill passed that House And for the House of Commons many Gentlemen disposed enough to diminish my Lord of Strafford's greatness and power yet unsatisfied of his guilt in Law durst not condemn him to die who for their Integrity in their Votes were by Posting their Names exposed to the popular calumny hatred and fury which grew then so exorbitant in their clamours for Justice that is to have both My self and the two Houses Vote and do as they would have us that many 't is thought were rather terrified to concur with the condemning party than satisfied that of right they ought so to do And that after-Act vacating the Authority of the precedent for future imitation sufficiently tells the world that some remorse touched even his most implacable Enemies as knowing he had very hard measure and such as they would be very loath should be repeated to themselves This tenderness and regret I find in my Soul for having had any hand and that very unwillingly God knows in shedding one mans blood unjustly tho under the colour and formalities of Justice and pretences of avoiding publick mischiefs which may I hope be some evidence before God and Man to all Posterity that I am far from bearing justly the vast load and guilt of all that Blood which hath been shed in this unhappy War which some men will needs charge on Me to ease their own Souls who am and ever shall be more afraid to take away any mans life unjustly than to lose My own But Thou O God of infinite mercies forgive Me that act of sinful compliance which hath greater aggravations upon Me than any man Since I had not the least temptation of Envy or Malice against him and by My place should at least so far have been a preserver of him as to have denied my consent to his destruction O Lord I acknowledg my transgression and my sin is ever before Me. Deliver Me from blood-guiltiness O God thou God of my salvation and my tongue shall sing of thy righteousness Against Thee have I sinned and done this evil in thy sight for Thou sawest the contradiction between my heart and my hand Yet cast Me not away from thy presence purge Me with the Blood of my Redeemer and I shall be clean wash Me with that precious effusion and I shall be whiter
is more than an even lay that they may one day see themselves punished by that way they offended Had this Parliament as it was in its first Election and Constitution sate full and free the Members of both Houses being left to their freedom of Voting as in all Reason Honour and Religion they should have been I doubt not but things would have been so carried as would have given no less content to all good men than they wished or expected For I was resolved to hear Reason in all things and to consent to it so far as I could comprehend it But as Swine are to Gardens and orderly Plantations so are Tumults to Parliaments and Plebeian Concourses to publick Counsels turning all into Disorders and sordid Confusions I am prone sometimes to think that had I called this Parliament to any other place in England as I might opportunely enough have done the sad Consequences in all likelihood with Gods Blessing might have been prevented A Parliament would have been welcom in any place no place afforded such confluence of various and vicious humours as that where it was unhappily convened But we must leave all to God who orders our Disorders and magnifies his Wisdom most when our Follies and miseries are most discovered But thou O Lord art my refuge and defence to Thee I may safely fly who rulest the raging of the Sea and the Madness of the People The floods O Lord the floods are come in upon Me and are ready to overwhelm Me. I look upon My Sins and the Sins of My People which are the tumults of our Souls against Thee O Lord as the just cause of these Popular inundations which Thou permittest to over-bear all the banks of Loyalty Modesty Laws Justice and Religion But Thou that gatheredst the waters into one place and madest the dry land to appear and after didst asswage the Flood which drowned the World by the word of thy power rebuke those Beasts of the People and deliver Me from the Rudeness and strivings of the Multitude Restore we beseech Thee unto us the freedoms of our Councels and Parliaments make us unpassionately to see the light of Reason and Religion and with all order and gravity to follow it as it becomes Men and Christians so shall we praise thy Name who art the God of Order and Counsel What man cannot or will not repress thy Omnipotent Justice can and will O Lord give them that are yet living a timely sense and sorrow for their great sin whom Thou knowest guilty of raising or not suppressing those Disorders Let Shame here and not Suffering hereafter be their Punishment Set bounds to our Passions by Reason to our Errors by Truth to our Seditions by Laws duly executed and to our Schisms by Charity that we may be as thy Jerusalem a City at unity in it self This grant O my God in thy good time for Jesus Christ's sake Amen V. Vpon His MAJESTIES passing the Bill for the Triennial Parliaments and after setling this during the pleasure of the Two Houses THAT the World might be fully confirmed in my purposes at first to contribute what in Justice Reason Honour and Conscience I could to the happy success of this Parliament which had in Me no other design but the general Good of my Kingdoms I willingly passed the BILL for Triennial Parliaments which as gentle and seasonable Physick might if well applied prevent any distempers from getting any head or prevailing especially if the Remedy proved not a Disease beyond all remedy I conceived this Parliament would find work with convenient recesses for the first three years but I did not imagine that some men would thereby have occasioned more work than they found to do by undoing so much as they found well done to their hands Such is some mens activity that they will needs make work rather than want it and chuse to be doing amiss rather than do nothing When that first Act seemed too scanty to satisfie some mens Fears and compass publick Affairs I was perswaded to grant that BILL of Sitting during the pleasure of the Houses which amounted in some mens sense to as much as the perpetuating this Parliament By this Act of highest Confidence I hoped for ever to shut out and lock the door upon all present Jealousies and future Mistakes I confess I did not thereby intend to shut My self out of doors as some men have now requited Me. True it was an Act unparallel'd by any of my Predecessors yet cannot in reason admit of any worse interpretation than this of an extreme Confidence I had that My Subjects would not make ill use of an Act by which I declared so much to trust them as to deny My self in so high a point of my Prerogative For good Subjects will never think it just or fit that My condition should be worse by my bettering theirs Nor indeed would it have been so in the events if some men had known as well with moderation to use as with earnestness to desire advantages of doing good or evil A continual Parliament I thought would but keep the Common-weal in tune by preserving Laws in their due execution and vigor wherein My interest lies more than any mans since by those Laws My Rights as a KING would be preserved no less than My Subjects which is all I desired More than the Law gives Me I would not have and less the meanest Subject should not Some as I have heard gave it out that I soon repented Me of that setling Act and many would needs perswade Me I had cause so to do but I could not easily nor suddenly suspect such ingratitude in men of Honour that the more I granted them the less I should have and enjoy with them I still counted My self undiminished by My largest Concessions if by them I might gain and confirm the love of my People Of which I do not yet despair but that God will still bless Me with increase of it when Men shall have more leisure and less prejudice that so with unpassionate representations they may reflect upon those as I think not more Princely than friendly contributions which I granted towards the perpetuating of their Happiness who are now only miserable in this That some mens ambition will not give them leave to enjoy what I intended for their good Nor do I doubt but that in Gods due time the Loyal and cleared affections of My People will strive to return such retributions of Honour and Love to Me or My Posterity as may fully compensate both the acts of My Confidence and My Sufferings for them which God knows have been neither few nor small nor short occasioned chiefly by a perswasion I had that I could not grant too much or distrust too little to men that being professedly My Subjects pretended singular Piety and Religious strictness The Injury of all Injuries is that which some men will needs load Me withal as if were a wilful and resolved Occasioner of
digest it Soveraign Power in Subjects seldom agreeing with the stomacks of fellow-Subjects Yet I have even in this point of the constant Militia sought by satisfying their Fears and importunities both to secure My Friends and overcome Mine Enemies to gain the peace of all by depriving My self of a sole power to help or hurt any yielding the Militia which is My undoubted Right no less than the Crown to be disposed of as the Two Houses shall think fit during My time So willing am I to bury all Jealousies in them of Me and to live above all Jealousies of them as to My self I desire not to be safer than I wish them and My People If I had the sole actual disposing of the Militia I could not protect My People further than they protected Me and themselves so that the use of the Militia is mutual I would but defend My self so far as to be able to defend My good Subjects from those mens violence and fraud who conscious to their own evil merits and designs will needs perswade the World That none but Wolves are fit to be trusted with the custody of the Shepherd and his Flock Miserable experience hath taught My Subjects since Power hath been wrested from Me and employed against Me and them That neither can be safe if both be not in such a way as the Law hath entrusted the publick safety and welfare Yet even this Concession of Mine as to the exercise of the Militia so vast and large is not satisfactory to some men which seem to be Enemies not to Me only but to all Monarchy and are resolved to transmit to Posterity such Jealousies of the Crown as they should never permit it to enjoy its just and necessary Rights in point of Power to which at last all Law is resolved while thereby it is best protected But here Honour and Justice due to My Successors forbid Me to yield to such a total alienation of that Power from them which Civility and Duty no less than Justice and Honour should have forbad them to have asked of Me. For although I can be content to eclipse My own beams to satisfie their fears who think they must needs be scorched or blinded if I should shine in the full lustre of Kingly Power wherewith God and the Laws have invested Me yet I will never consent to put out the Sun of Soveraignty to all Posterity and succeeding Kings whose just recovery of their Rights from unjust Usurpations and Extortions shall never be prejudiced or obstructed by any Act of Mine which indeed would not be more injurious to succeeding Kings than to my Subjects whom I desire to leave in a condition not wholly desperate for the future so as by a Law to be ever subjected to those many factious Distractions which must needs follow the many-headed Hydra of Government which as it makes a shew to the People to have more eyes to foresee so they will find it hath more mouths too which must be satisfied and at best it hath rather a monstrosity than any thing of perfection beyond that of right Monarchy where Counsel may be in many as the Senses but the Supreme Power can be but in One as the Head Haply when men have tried the horrors and malignant influence which will certainly follow my enforced Darkness and Eclipse occasioned by the interposition and shadow of that Body which as the Moon receiveth its chiefest light from Me they will at length more esteem and welcome the restored glory and blessing of the Sun 's light And if at present I may seem by my receding so much from the use of my Right in the Power of the Militia to come short of the discharge of that Trust to which I am sworn for my Peoples protection I conceive those men are guilty of the enforced Perjury if so it may seem who compel Me to take this new and strange way of discharging My Trust by seeming to desert it of protecting My Subjects by exposing My self to Danger or Dishonour for their safety and quiet Which in the conflicts of Civil War and advantages of Power cannot be effected but by some side yielding to which the greatest love of the Publick-Peace and the firmest assurance of God's protection arising from a good Conscience doth more invite Me than can be expected from other mens Fears which arising from the Injustice of their actions tho never so successful yet dare not adventure their Authors upon any other way of safety than that of the Sword and Militia which yet are but weak defences against the stroaks of Divine Vengeance which will overtake or of mens own Consciences which always attend injurious perpetrations For My self I do not think that I can want any thing which providential necessity is pleased to take from Me in order to My Peoples tranquility and God's Glory whose protection is sufficient for Me and he is able by his being with Me abundantly to compensate to Me as he did to Job whatever Honour Power or Liberty the Chaldoeans the Saboeans or the Devil himself can deprive Me of Although they take from Me all defence of Arms and Militia all refuge by Land of Forts and Castles all flight by Sea in My Ships and Navy yea tho they study to rob Me of the Hearts of my Subjects the greatest treasure and best ammunition of a King yet cannot they deprive Me of My own Innocency or God's Mercy nor obstruct My way to Heaven Therefore O My God to Thee I flie for help if Thou wilt be on my side I shall have more with Me than can be against Me. There is none in Heaven or in Earth that I desire in comparison of Thee In the loss of all be Thou more than all to Me. Make hast to succor Me Thou that never failest them that put their trust in Thee Thou seest I have no power to oppose them that come against Me who are encouraged to fight under the pretence of fighting for Me But my eyes are toward Thee Thou needest no help nor shall I if I may have thine if not to conquer yet at least to suffer If Thou delightest not in my safety and prosperity behold here I am willing to be reduced to what Thou wilt have Me whose Judgments oft begin with thy own Children I am content to be nothing that Thou mayest be all Thou hast taught Me That no King can be saved by the multitude of an Host but yet Thou canst save me by the multitude of thy Mercies who art the Lord of Hosts and the Father of Mercies Help Me O Lord who am sore distressed on every side yet be Thou on my side and I shall not fear what man can do unto Me. I will give thy Justice the glory of my distress O let thy Mercy have the glory of my deliverance from them that persecute my Soul By my sins have I fought against Thee and robbed Thee of thy Glory who am thy Subject and justly mayest
rather than exacting the rigor of the Laws there being nothing worse than Legal Tyranny In these two points the preservation of established Religion and Laws I may without vanity turn the reproach of My Sufferings as to the worlds censure into the honour of a kind of Martyrdom as to the testimony of My own Conscience the Troublers of My Kingdoms having nothing else to object against Me but this That I prefer Religion and Laws establisht before those Alterations they propounded And so indeed I do and ever shall till I am convinced by better Arguments than what hitherto have been chiefly used towards Me Tumults Armies and Prisons I cannot yet learn that Lesson nor I hope ever will You That it is safe for a King to gratifie any Faction with the Perturbation of the Laws in which is wrap'd up the publick Interest and the good of the Community How God will deal with Me as to the removal of these Pressures and Indignities which his Justice by the very unjust hands of some of My Subjects hath been pleased to lay upon Me I cannot tell nor am I much solicitous what Wrong I suffer from men while I retain in My Soul what I believe is right before God I have offered all for Reformation and Safety that in Reason Honour and Conscience I can reserving only what I cannot consent unto without an irreparable injury to My own Soul the Church and My People and to You also as the next and undoubted Heir of My Kingdoms To which if the Divine Providence to whom no Difficulties are insuperable shall in his due time after My decease bring You as I hope he will My Counsel and Charge to You is that You seriously consider the former real or objected Miscarriages which might occasion My Troubles that You may avoid them Never repose so much upon any mans single Counsel Fidelity and Discretion in managing affairs of the first magnitude that is matters of Religion and Justice as to create in Your self or others a diffidence of Your own Judgment which is likely to be always more constant and impartial to the interests of Your Crown and Kingdom than any mans Next beware of exasperating any Factions by the crosness and asperity of some mens Passions Humors or private Opinions imployed by You grounded only upon the differences in lesser matters which are but the skirts and suburbs of Religion Wherein a charitable Connivence and Christian Toleration often dissipates their strength whom rougher opposition fortifies and puts the despised and oppressed Party into such Combinations as may most enable them to get a full revenge on those they count their Persecutors who are commonly assisted by that Vulgar commiseration which attends all that are said to suffer under the notion of Religion Provided the Differences amount not to an insolent opposition of Laws and Government or Religion established as to the essentials of them Such motions and minings are intolerable Always keep up solid Piety and those Fundamental Truths which mend both hearts and lives of men with impartial Favour and Justice Take heed that outward circumstances and formalities of Religion devour not all or the best incouragements of Learning Industry and Piety but with an equal eye and impartial hand distribute favours and rewards to all men as You find them for their real Goodness both in Abilities and Fidelity worthy and capable of them This will be sure to gain You the hearts of the best and the most too who tho they be not good themselves yet are glad to see the severer ways of Virtue at any time sweetned by temporal rewards I have You see conflicted with different and opposite Factions for so I must needs call and count all those that act not in any conformity to the Laws established in Church and State No sooner have they by force subdued what they counted their Common Enemy that is all those that adhered to the Laws and to Me and are secured from that fear but they are divided to so high a rivalty as sets them more at defiance against each other than against their first Antagonists Time will dissipate all Factions when once the rough horns of private mens covetous and ambitious designs shall discover themselves which were at first wrap'd up and hidden under the soft and smooth pretensions of Religion Reformation and Liberty As the Wolf is not less cruel so he will be more justly hated when he shall appear no better than a Wolf under Sheeps cloathing But as for the seduced Train of the Vulgar who in their simplicity follow those disguises My charge and counsel to You is That as You need no palliations for any designs as other men so that You study really to exceed in true and constant demonstrations of Goodness Piety and Virtue towards the People even all those men that make the greatest noise and ostentations of Religion so You shall neither fear any detection as they do who have but the face and mask of Goodness nor shall You frustrate the just expectations of Your People who cannot in reason promise themselves so much good from any Subjects Novelties as from the virtuous Constancy of their King When these mountains of congealed Factions shall by the Sunshine of God's Mercy and the splendor of Your Virtues be thawed and dissipated and the abused Vulgar shall have learned that none are greater Oppressors of their Estates Liberties and Consciences than those men that entitle themselves the Patrons and Vindicators of them only to usurp power over them let then no Passion betray You to any study of Revenge upon those whose own Sin and Folly will sufficiently punish them in due time But as soon as the forked arrow of factious Emulations is drawn out use all Princely arts and Clemency to heal the Wounds that the smart of the Cure may not equal the anguish of the Hurt I have offered Acts of Indemnity and Oblivion to so great a latitude as may include all that can but suspect themselves to be any way obnoxious to the Laws and which might serve to exclude all future Jealousies and Insecurities I would have You always propense to the same way whenever it shall be desired and accepted let it be granted not only as an Act of State-policy and Necessity but of Christian Charity and Choice It is all I have now left Me a power to forgive those that have deprived Me of all and I thank God I have a heart to do it and joy as much in this Grace which God hath given Me as in all my former enjoyments for this is a greater argument of God's love to Me than any Prosperity can be Be confident as I am that the most of all sides who have done amiss have done so not out of Malice but Mis-information or Mis-apprehension of things None will be more loyal and faithful to Me and You than those Subjects who sensible of their Errors and our Injuries will feel in their own Souls most vehement
same effect by the blessing of God which was often found in His Sacred Touch when living The Malice of His Enemies ended not with His Life For when His Body was carried to Saint James's to be opened they directed their Empericks to search for such Symptomes as might disgrace His Person or His Posterity But herein they were prevented by an honest Intruder who gave a true account of His sound and excellent Temperament Being imbalmed and laid in a Coffin of Lead to be seen for some days by the People at length upon Wednesday the seventh of February it was delivered to four of His Servants Herbert Mildmay Preston and Joyner who with some others in mourning equipage attended the Herse that night to Windsore and placed it in the Room which was formerly the Kings Bed-chamber Next day it was removed into the Deans Hall which was hung with black and made dark and Lights were set burning round the Herse About three afternoon the Duke of Richmond the Marquess of Harford the Earls of Southampton and Lindsey and the Bishop of London others that were sent to refusing that last Service to the best of Princes came thither with two Votes passed that Morning whereby the ordering of the King's Burial was committed to the Duke provided that the Expences thereof exceeded not five hundred pounds This Order they sheved to Colonel Whichcot the Governor of the Castle desiring that the Interrment might be in Saint George's Chappel and according to the form of the Common-Prayer The latter Request the Governour denied saying That it was improbable the Parliament would permit the use of what they had so solemnly abolished and therein destroy their own Act. The Lords replied That there was a difference betwixt destroying their own Act and dispensing with it and that no Power so binds its own hands as to disable it self in some cases But all prevailed not The Governour had caused an ordinary Grave to be digged in the body of the Church of Windsore for the Interment of the Corps which the Lords disdaining found means by the direction of an honest man one of the old Knights to use an artifice to discover a Vault in the middle of the Quire by the hollow sound they might perceive in knocking with a Staff upon that place that so it might seem to be their own accidental finding out and no person receive blame for the discovery This place they caused to be opened and entring saw one large Coffin of Lead in the middle of the Vanlt covered with a Velvet Pall and a lesser on one side supposed to be Henry the Eighth and His beloved Queen Jane Saint-Maure on the other side was room left for another probably intended for Queen Katherine Parre who survived Him where they thought fit to lay the King Hither the Herse was born by the Officers of the Garrison the four Lords bearing up the Corners of the Velvet Pall and the Bishop of London following And in this manner was this Great King upon Friday the ninth of February about three afternoon silently and without other Solemnity than of Sighs and Tears committed to the Earth the Velvet Pall being thrown into the Vault over the Coffin to which was fastened an Inscription in Lead of these words KING CHARLES 1648. CAROLI Primi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Epitaphium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 SIstas sacrilegum Pedem Viator Nè forsan temeres sacros sepulchri Augusti Cineres Repôc est In Terrae Gremio Decor Stupórque Humani Generis Senex Infans Prudens scilicet Innocésque Princeps Regni Praesidium Ruina Regni Vitâ Praesidium Ruina Morte Quem Regem potiùs Patrémve dicam O Patrem priùs deinde Regem Regem quippe Suî Patrémque Regni Hic Donúmque Dei DeÃque Cura Quem Vitáque refert refértque Morte Ringente Satanâ Canente Coelo Diro in Pegmate Gloriae Theatro Et Christi Cruce Victor Securi Baptistae emicuit Ruina Felix Quâ Divum Carolus secutus Agnum Et postliminiò domum vocatus Primaevae Patriae fit Inquilinus Sic Lucis priùs Hesperus Cadentis Resplendet modò Phosphorus Reversae Hic Vindex Fidei sacer Vetustae Cui par est nihil nihil secundum Naturae Typus absolutioris Fortunae Domitor ferendo suae Qui quantum Calicis bibit tremendi Tatundem sibi Gloriae reportat Regum Maximus unicúsque Regum In quo Res minima est fuisse Regem Solus qui superâ locatus Arce Vel Vitâ poterit frui priore Quum sint Relliquiae Cadaver Umbra Tam sacri Capitis vel ipsa sacra Ipsis Eulogiis coinquinata Quiaeque ipsum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 prophanat Sistas sacrilegum Pedem Viator Tho. Pierce D. D. Coll. Magd. apud Oxon. Praeses An Elegy upon the Death of Our Dread Sovereign Lord King CHARLES the MARTYR COme come let 's Mourn all eyes that see this Day Melt into Showts and weep your selves away O that each private head could yield a Floud Of Tears whil'st Britain's Head streams out His Bloud Could we pay what His Sacred Drops might claim The World must needs be drowned once again Hands cannot write for Trembling let our Eye Supply the Quill and shed an Elegy Tongues cannot speak this Grief knows no such vent Nothing but Silence can be Eloquent Worlds are not here significant in This Our Sighs our Groans bear all the Emphasis Dread SIR What shall we say Hyperbole Is not a Figure when it speaks of Thee Thy Book is our best Language what to this Shall e're be added is Thy Meiosis Thy Name 's Text too hard for us no men Can write of it without Thy Parts and Pen. Thy Prisons Scorns Reproach and Poverty How could'st Thou bear Thou Meeker Moses how Was ever Lion bit with Whelps till now And did not roar Thou England's David how Did Shimei's Tongue not move Thee Where 's the Where is the King CHARLES is all Christian Man Rebell'd Thou mad'st Thy Passions to obey Hadst Thou regain'd Thy Throne of State by Power Thou hadst not then been more a Conqueror But Thou thine own Soul's Monarch art above Revenge and Anger Canst Thou tame Thy Love How could'st Thou bear Thy Queen's Divorce must She At once Thy Wife and yet Thy Widow be Where are Thy tender Babes once Princely bred Thy choicest Jewels are they Sequestred Where are Thy Nobles Lo in stead of these Base savage Villains and Thy Enemies Egyptian Plague 't was only Pharaoh's doom To see such Vermin in His Lodging-room What Guards are set what Watches do they keep They do not think Thee safe though lock'd in Sleep Would they confine Thy Dreams within to dwell Nor let Thy Fancy pass their Centinel Are Thy Devotions dangerous Or do Thy Prayers want a Guard These faulty too Varlets 't was only when they spake for You. But lo a Charge is Drawn a Day is set The silent LAMB is brought the Wolves are met Law is arraign'd of Treason Peace
of War And Justice stands a Prisoner at the Bar. This Scene was like the Passion-Tragedy His Saviour's Person none could Act but He. Behold what Scribes were here what Pharisees What Bands of Souldiers what false Witnesses Here was a Priest and that a Chief one who Durst strike at God and His Vicegerent too Here Bradshaw Pilate there This makes them twain Pilate for Fear Bradshaw condemn'd for Gain Wretch couldst not thou be rich till Charles was dead Thou might'st have took the Crown yet spar'd the Head Th' hast justifi'd that Roman Judge He stood And washt in Water thou hast dipt in Blood And where 's the Slaughter-House White-hall must be Lately His Palace now His Calvary Great CHARLES is this Thy dying-place And where Thou wer 't our KING art Thou our MARTYR there Thence thence Thy Soul took flight and there will we Not cease to Mourn where Thou didst cease to Be. And thus blest Soul He 's gone a Star whose fall As no Eclipse proves Oecumenical That Wretch had skill to sin whose Hand did know How to behead three Kingdoms at one blow England hath lost the Influence of her KING No wonder that so backward was her Spring O dismal Day but yet how quickly gone It must be short Our SUN went down at Noon And now ye Senators is this the Thing So oft declar'd is this your Glorious King Did you by Oaths your God and Country mock Pretend a Crown and yet prepare a Block Did you that swore you 'd Mount CHARLES higher yet Intend the Scaffold for His Olivet Was this Hail Master Did you bow the knee That you might murther Him with Loyalty Alas two Deaths what Cruelty was this The Axe design'd you might have spar'd the Kiss London didst thou Thy Prince's Life betray What could Thy Sables vent no other way Or else didst thou bemoan His Cross then ah Why would'st thou be the cursed Golgotha Thou once hadst Men Plate Arms a Treasury To bind thy KING and hast thou none to free Dull beast thou should'st before thy Head did fall Have had at least thy Spirits Animal Did You Ye Nobles envy CHARLES His Crown Jove being fal'n the Puny-gods must down Your Raies of Honour are eclip'st in Night The Sun is set from whence You drew your Light Religion Veils her self and Mourns that she Is forc'd to own such horrid Villany The Church and State do shake that Building must Expect to fall whose Prop is turn'd to Dust But cease from Tears-CHARLES is most blest of men A God on Earth more than a Saint in Heav'n THE END A COLLECTION OF DECLARATIONS TREATIES AND OTHER Principal Passages concerning the DIFFERENCES BETWIXT King Charles I. AND HIS TWO HOUSES OF PARLIAMENT Clearly Manifesting The Justice of His Cause His Sincerity in Religion His Constant Endeavours for Peace Bona agere mala pati Regium est LONDON Printed MDCLXXXVII THE PREFACE TO THE NOBILITY and GENTRY OF ENGLAND I Might call this Collection A Complete Body of English Politicks as comprehending both the Duty and the Interest of all true English-men and those largely set forth in some of the most excellent Discourses that were ever written in this kind Which for their own sakes might claim some better respect from the present Age than to be cast aside as out-dated Pamphlets or at the best confusedly scattered like the Leaves of Sibylla without any care of conserving and transmitting them to Posterity The sad Experience of so many years hath taught this Nation to their cost how miserable even the greatest Subjects make themselves by incroaching upon that Soveraignty which alone can protect them from the Injuries and the Scorn of their Inferiours Here you will discover the Arts the Means and the Degrees by which those Mischiefs were attempted and atchieved Which whensoever you see repeated you will know the Plot is as well against your Privilege and the Liberty of your Countrey as the Prerogative of your Prince Indeed If it were as easie to root out the remembrance of the ill Examples as it is to remit the punishment of the Crimes by Acts of Grace and Pardon and Oblivion it were perhaps no Imprudence to let those Mischiefs sleep with their Authors and leave their Memories buried in the Ruines they have made But since many that are content to take the utmost advantage of a Pardon are yet too good to acknowledge they ever stood in need of any since most will remember only What hath been done and few trouble themselves to inquire How or Why it cannot be thought impertinent together with the Actions to represent also the true Causes that have produced such Effects and the Circumstances that attended them which may remain as Marks to warn Posterity of those Errors which have cost the present Age so dear This is here done not from the private phancies or observations of any one Person or Party but from the Publick and Authentick Writings of Both digested in such order that the Reader may compare what both sides had to say for themselves and thereby discern whose Designs and what Counsels tended most to the Peace and Welfare of the Nation A study most proper for those Ranks of men whom the Favour of Princes hath raised above the Common Multitude to this one End that they may assist Them in the administration of Their Government and in keeping Peace and good order in their Countries To have Collected all that passed in these great Contests would have been the Work of many Volumes But the most material and most necessary to carry on the Series of Times and Things which in a manner comprehend the Sum or at least shew the Result of all the rest are here disposed according to their most natural order of time under these few heads I. His Majesties Declarations concerning His Proceedings in His Four first Parliaments p. 217. II. Declarations and Papers concerning the Differences betwixt His Majesty and His Fifth Parliament p. 241. III. Declarations and Paper concerning the Treaty of Peace at Oxford MDCXLII III. p. 325. IV. A Declaration concerning the Cessation in Ireland Also Declarations and Passages of the Parliament at Oxford p. 401. V. Papers and Passages concerning the Treaty of Peace at Vxbridge p. 437. VI. Messages Propositions and Treaties for Peace With divers Resolutions and Declarations thereupon MDCXLV VI. VII VIII p. 547. HIS MAJESTIES DECLARATIONS CONCERNING HIS PROCEEDINGS IN HIS FOUR FIRST PARLIAMENTS A Declaration of the true Causes which moved His MAJESTY to Assemble and after inforced Him to Dissolve the First and Second Meetings in Parliament THE King 's most Excellent Majesty since His happy access to the Imperial Crown of this Realm having by His Royal Authority summoned and assembled two several Parliaments the first whereof was in August last by adjournment held at Oxford and there dissolved and the other begun in February last and continued until the fifteenth day of this present month of June and then to the unspeakable grief
that Torrent which might have overwhelmed Us and made them as well and by the same Rule Masters of Our Person as of Our Militia This carried Us first from Theobald's to New-market And whosoever reads the Declaration sent Us thither the strange language given Us and Scandals laid upon Us in that Declaration will not wonder that We made all the haste We could from thence to Tork What hath hapned since Our coming hither both in Words and Actions is too notorious to all the parts of Christendom who with wonder and delight are amazed to see the Wisdom Courage Affection and Loyalty of the English Nation appear so far shrunk and confounded by the Malice Cunning and Industry of persons contemptible in Number inconsiderable in Fortune and Reputation united only by Guilt and Conspiracy against Us. A Licence even to Treason is admitted that is not punished in Pulpits and persons ignorant in Learning and Understanding turbulent and Seditious in disposition Scandalous in life and unconformable in Opinion to the Laws of the Land are by these Men their recommendation and authority imposed upon Parishes to infect and poison the minds of Our People Our Towns Our Goods Our Mony are taken from Us and to make the scorn compleat care is taken to perswade Us that We are not injured but that all is done for Our good Opinions and Resolutions are imposed upon Us by Votes and Declarations that We intended to levy War and then Arms taken up to destroy Us Rebellions and Treasons contrived fomented and acted against Us and then Reproaches cast on Us and War raised against Us because We are displeased We send Our Command to Our Keeper of Our Great Seal of England to Adjourn the Term from London to York a thing as much in Our Power as in what room of Our House We will lodge or eat This is straight Voted to be illegal and Our Keeper of Our Own Seal peremptorily forbid to do his Duty to Seal a Writ or Proclamation to that purpose and when in Obedience to Our express Command he comes to wait on Us he is pursued with a Warrant to all Mayors Justices of the Peace Sheriffs and other Officers to apprehend him A Committee is sent down into the Countries near Us to execute their pretended Ordinance who compel Our Subjects to take Arms against Us and threaten and imprison such as refuse without the least colour of Law whilst such who execute Our legal Commission of Array are sent for as Delinquents and declared to be Enemies to the Kingdom Our own Monies seized upon at London and no supply suffered to be sent Us all persons are forbid to come to Us and charge given to all Men near the Northern Road to stop all Men and Horses who are for Our Service coming to York there being as Master Hollis says in his Speech of which he hath the sole Printing and hath granted that Monopoly to one Vnderhill a mark set upon that Place and an opinion declared concerning those who shall resort thither Our High-ways are shut up and Our good Subjects are hindred in their journies and their goods seized and detained from them because they have occasions to use them in the North Our own Houshold Servants refuse to attend Us upon Our Summons and then the putting them from their Places is voted an injury to the Parliament and whosoever shall accept of those Places to offer an affront to the Parliament and render themselves Unworthy of any place of Honour or Trust in the Commonwealth Sir John Hotham is commended and protected for keeping Us out of Our Town of Hull by Force and Arms and Our raising a Guard for Our Defence is voted levying War against Our Parliament whilst he murthers Our Subjects takes them Prisoners burns their Houses drowns their Land and robs all Men he can lay hold of and commits all the insolent Acts of Hostility against Us and Our Subjects which the most equal and declared Enemies practise in any Country And when after all these Outrages Our miserable Subjects throw themselves at Our feet crying for and challenging Our Protection We must not perform that Duty towards them nor presume to say Sir John Hotham is a Traitor because he hath Priviledge of Parliament Our Royal Navy Our Own Ships are taken from Us the Earl of Warwick made Our Admiral in despight and scorn of Us who chases Our Subjects and makes War upon Us under the Authority of another pretended Ordinance and his Letter published by the direction of the House of Peers to shew how easie it was to make an election rather to despise Us and the known unquestionable Law of the Land than to neglect an Order of both Houses in a matter they have no more just power to meddle in than they have to sell Our Houses Parks and Crown-Land and they may as lawfully send those Ships to the Indies and ordain that We shall never have more as keep them in the Downs against Our Will and under a Command We do protest against to all the World We are defamed and publickly reproached for want of zeal against the Rebels in Ireland and when We offer to venture Our own Person and Our Crown-Land for the relief of Our miserable Subjects there such a Journy is voted to be against the Law to be an incouragement to the Rebels that whosoever shall assist Us in it shall be an Enemy to the Commonwealth and that the Sheriffs of Counties shall raise power to suppress any Levies We shall make to that purpose And after all this when it hath been publickly said by Master Martin That Our Office is forfeitable and that the Happiness of this Kingdom doth not depend upon Vs or any of the Regal Branches of that Stock and by Sir Henry Ludlow That We are not worthy to be King of England and been declared that We have no Negative voice which puts Our Crown the Law of the Land the Liberty and Property of the Subjects absolutely into their hands We are told by these devout Champions for Anarchy and Confusion That We are fairly dealt with that We are not deposed That if they did that there would be neither want of Modesty or Duty in them They publish false scandalous Declarations to corrupt Our good Subjects in their Loyalty and Affection to Us injoyn them to be read and disperse them with all Care and Industry and send for all Ministers who according to Our Command publish Our Answers to undeceive Our People as Delinquents notwithstanding We have not prohibited any to read theirs They commit the Lord Mayor of London and other Mayors for publishing Our Proclamations according to Our Writ and his Oath and streightly charge all Our ministers of Justice not to obey Us They raise an Army against Us and chuse the Earl of Essex for their General and grant him a power Over Us the Law and all Our People that he may kill and destroy whom he thinks fit and impose an
Oath upon Our Subjects to execute all the Commands of both Houses They waste and consume the Mony given by Act of Parliament for the discharge of the great Debt of the Kingdom and for the relief of the bleeding Condition of Ireland imploy the Mony brought in by the Adventurers and those Men who are levied by Our Authority and Commission for the preservation of Our miserable Subjects there to serve them in a War against Us whereby all Men may see what reason We had not to consent to a Warrant dormant under pretence of Levies for Ireland which might have furnished them with Men to fight against Us as the same Pretence hath done with all the Arms We had in Our Magazines They commit such of Our Subjects to Prison whom they are pleased to suspect as the Earl of Portland and for no other reason but that they believe them loyal to Us censure and degrade nine Lords at a clap for obeying Our Summons and coming to Us when scarce that number concurred in the Judgment and declared two others Enemies to the Commonwealth taking their Votes from them without so much as summoning them to answer any Charge brought against them They presume to take Tonnage and Poundage by a pretended Ordinance without Our Consent though they have so often pressed it against Us that We took it without theirs and so now dispence with a Praemunire made this Parliament as they have formerly done with Treason Lastly to shew into what hands they intend the Government of this Kingdom shall be put they have reduced the business of the whole Kingdom from both Houses of Parliament into the hands of a few desperate persons who have the power committed to them to act this Tragedy without acquainting the Houses and so have gotten the Authority of King and both Houses of Parliament to destroy all Three make Orders to break up Houses take away Plate and Money because 't is possible the Owners wish it with Us at York send Troops of Horse to make War upon Us in what Counties they please and commit such unheard-of Acts of Oppression and Injustice as no Story can parallel where the least form of Government hath been left that all Our good Subjects may see by what Rules they shall live and what Right they are like to enjoy when these Men have gotten the Sway who in the infancy of their Power and when there is yet left some memory of and reverence to the Laws under which their Fathers lived so happily dare leap over all those known and confessed Principles of Government and Obedience and exercise a Tyranny both over Prince and People more insupportable than Confusion it self And for all this impudent Injustice odious to God and Man what is objected against Us That We will not be advised by Our Parliament In what what one Proposition that is evidently for the ease of Our Subjects have We denied That We have granted many is confessed We will not consent that the Ordinance of the Militia shall be executed and obeyed that is We will not allow that both Houses of Parliament shall make Laws and impose upon the Property and Liberty of Our Subjects Without Our Consent which if We should yield to upon the same pretences of Necessity a word fatal to this Kingdom and the publick good the House of Commons might as well and would quickly come to make Laws without the House of Peers and the common People without either nor are willing that those Men who have discovered all Malice to Our Person and dis-esteem and irreverence of Our Office shall be legally qualified to take up Arms against Us when they shall be thereunto provoked by their Malice or Ambition There can be no new thing said in this Argument We must refer Our good Subjects to Our several Answers Declarations and Proclamations in that point only it will be worth their considering that this extraordinary unheard-of extravagant Power was assumed in a case of peremptory Necessity for the prevention of imminent Danger in the beginning of March how long it was in design before is understood by Sir Arthur Hesilrigge his Bill long preceeding whether any such Danger hath been since discovered and whether unspeakable Calamities have not already and are not like to ensue from that Fountain We wish it were not too apparent And if those Fears and Jealousies which seem to make that Ordinance necessary were indeed real and honest that in truth nothing were desired but putting the Kingdom into a posture that is that all Our Loving Subjects might be provided with Arms and dexterous in the using them if any Invasion or Rebellion should be is not all this Care taken and all this Security provided for by the Commission of Array What honest end can that Ordinance have which is not obtained by the execution of and obedience to that Commission But 't is true the power is not in those hands nor like to be imployed to those uses 't is now intended Who hath not heard these Men say That the alteration they intend and is necessary both in Church and State must be made by blood Are not the Principles by which they live destructive to all Laws and Compacts Is not every thing Necessary they think so and every thing lawful that is in order to that Necessity Sure if Our good Subjects were throughly awake in this business they would think they had much more cause to thank Us for denying this Ordinance than for granting all that We have granted What is there else We do not think Sir John Hotham hath dealt well with Us in keeping Our Town from Us nor do take it kindly that We are robbed of Our Magazine and Munition but think of recovering both by Force because We cannot have them otherwise which will be an actual levying War against Our Parliament This Argument is sufficiently vexed too Our good Subjects will read the Messages Answers Votes and Declarations in this Case and We are sure upon the grounds laid to justifie this Treason no Subject in England hath a House of his own which may not to morrow be given to Sir John Hotham for as long a term as they think fit and he may be sent to morrow to murther Us and be no Traitor and they who shall shut the door against him shall be Delinquents Is there no more Yes We will not submit to those Nineteen dutiful and modest Propositions which have been lately thrown at Us as the necessary means of removing Jealousies and Differences and as the last Complement of all their Scorns and Injuries that Posterity may see to what a tameness We were brought when such things were asked of Us We will not be content that all Our Officers and Ministers of State be they never so faithful to Us so affectionate to their Country never so wise never so honest shall be immediately removed from Us and their places be disgraced and undone and in their rooms these Gentlemen who have