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
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 His Majesty and the Parliament who may repair to the several Armies and see the disbanding put in speedy execution accordingly That his Majesty do likewise remove the Garrisons out of Newcastle and all other Towns Castles and Forts where any Garrisons have been placed by Him since these Troubles and that the Fortifications be likewise slighted and the Towns and forts left in such state and condition as they were in the year 1636. That all other Towns Forts and Castles where there have been formerly Garrisons before these Troubles be committed to the charge of such Persons to be nominated by His Majesty as the Parliament shall confide in and under such Instructions as are formerly mentioned That if His Majesty shall be pleased to assent to these Propositions concerning the Towns Forts Castles Magazines and Ships that then His Majesty be humbly intreated to name Persons of Quality to receive the charge of the several Offices and Forts Castles and Towns to be forthwith certified to the two Houses of Parliament that thereupon they may express their confidence in those persons or humbly beseech His Majesty to name others none of which Persons shall be removed during three years next ensuing without just cause to be approved by Parliament and if any be so removed or shall dye within the said space the Person to be put into the same Office shall be such as both Houses shall confide in 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 shall take an Oath to observe these Articles afore-mentioned and to use their uttermost power to preserve the true Reformed Protestant Religion and the Peace of the Kingdom against all Forein Force and all other Forces raised without His Majesties Authority and Consent of the two Houses of Parliament You shall move His Majesty that for the better dispatch of the Treaty and the free intercourse of Instructions and Advertisements betwixt the two Houses of Parliament and the Committee there may be a free pass of Messengers to and from the Parliament and the Committee without search or interruption and His Majesty's safe Conduct to be obtained to that effect to such Persons as are or shall be appointed for that service viz. for Master John Rushworth Master Mithael Welden Master John Corbet of Graies Inn and Master James Standish H. Elsinge Cler. Parl. D. Com. The KING's Message concerning the Cessation 23 Martii 1642. CHARLES R. HIS Majesty hath immediately upon their arrival admitted the Committee sent to Him from both Houses of Parliament as the Messengers of Peace to His Royal Presence and received the Articles of Cessation brought by them which are in effect the same His Majesty formerly excepted to though their expression in the Preface to these Articles of their readiness to agree to those Alterations and Additions offered by His Majesty in such manner as is expressed made Him expect to have found at least some of the real Alterations and Additions made by Him admitted which He doth not discover I. His Majesty desired that Provision might be made and Licence given to His good Subjects for their freedom of Trade Traffick and Commerce though in matters which concerned Himself more immediately as in Arms Ammunition Mony Bullion and Victual for the use of His Army and the Passage of all Officers and Souldiers of His Army He was contented the restraint should be in such manner as was proposed of which His Majesty is so tender that as he hath provided for the same by His gracious Proclamations so He doth daily release and discharge such Merchandize and Commodities as are contrary to those Proclamations stayed by any of His Majesties Forces To this Freedom and Liberty of His good Subjects there is not the least admission given by these Articles so that they have not any ease or benefit by this Cessation which His Majesty desires both Houses to consider of and whether if His Majesty should take the same course to stop and interrupt the Trade of the Kingdom as the other Army doth a general Loss and Calamity would not seize upon His good Subjects II. His Majesty to the end that a full Cessation might be as well at Sea as at Land and He might be secured that the Ships proposed to be set forth for the Defence of His Majesties Dominions should be employed only to that end and purpose desired that they might be put under the Command of Persons to be approved of by His Majesty which is not consented to by these Articles but their former to which His Majesty excepted strictly and entirely insisted on by which besides that part of Hostility remains the conveying of any number of Forces from any part to any other by that means remains free to them III. For the prevention of any Inconveniences which might arise upon real Differences or Mistakes upon the latitude of Expressions as if His Majesty should now consent to these Articles proposed in the Terms proposed He must confess the Army of which He complains to be raised by the Parliament and either Himself to be no part of the Parliament or Himself to have raised that Army and for prevention of that Delay which He foresaw could not otherwise be avoided if upon every Difference the Questions must be remitted to London His Majesty desired that the Committee for whom He then sent a safe Conduct might have liberty to debate any such Differences and Expressions and reconcile the same that all possible Expedition might be used to the main Treaty In this point of so high Concernment no power is given in these Articles and the Committee confessed to His Majesty they have no Power given but are strictly and precisely bound to the very words of the Articles now sent and that before these are consented to by Us they cannot enter into any Treaty concerning the other Propositions IV. His Majesty desired that during the Cessation none of His good Subjects might be imprisoned otherwise than according to the known Laws of the Land This is in no degree consented to but the priviledge and liberty to which they were born reserved from them till the disbanding of both Armies though they are no part of either Army and so have no benefit by this Cessation V. His Majesty desired that during this Cessation there should be no Plundering or Violence offered to any of His Subjects In the Answer to which His desire against Violence is not at all taken notice of nor is His desire against Plundering any ways satisfied His Majesty not only intending by it the robbing of the Subject by the unruliness of the uncommanded Souldier which their Clause of requiring the Generals and
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
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
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
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
If the time spent in this Parliament be considered in relation backward to the long growth and deep root of those Grievances which we have removed to the powerful supports of those Delinquents which we have pursued to the great necessities and other charges of the Commonwealth for which we have provided or if it be considered in relation forward to many advantages which not only the present but future ages are like to reap by the good Laws and other proceedings in this Parliament we doubt not but it will be thought by all indifferent judgments that our time hath been much better imployed then in a far greater proportion of time in many former Parliaments put together and the charges which have been laid upon the Subjects and the other inconveniences which they have born will seem very light in respect of the benefit they have and may receive And for the matter of Protections the Parliament is so sensible of it that therein they intend to give them whatsoever ease may stand with Honour and Justice and are in a way of passing a Bill to give them satisfaction They have sought by many subtle practices to cause jealousies and divisions betwixt us and our brethren of Scotland by slandering their proceedings and intentions towards us and by secret endeavours to instigate and incense them and us one against another They have had such a party of Bishops and Popish Lords in the House of Peers as hath caused much opposition and delay in the prosecution of Delinquents hindered the proceedings of divers good Bills passed in the Commons House concerning the reformation of sundry great abuses and corruptions both in Church and State They have laboured to seduce and corrupt some of the Commons House to draw them into Conspiracies and Combinations against the Liberty of the Parliament and by their Instruments and agents they have attempted to disaffect and discontent His Majesties Army and to engage it for the maintenance of their wicked and traiterous designs the keeping up of Bishops in their Votes and Functions and by force to compel the Parliament to order limit and dispose their proceedings in such manner as might best concur with the intentions of this dangerous and potent faction And when one mischievous design and attempt of theirs to bring on the Army against the Parliament and the City of London had been discovered and prevented they presently undertook another of the same damnable nature with this addition to it to endeavour to make the Scotish Army neutral whilst the English Army which they had laboured to corrupt and invenome against us by their false and slanderous suggestions should execute their malice to the subversion of our Religion and the dissolution of our Government Thus they have been continually practising to disturb the Peace and plotting the destruction even of all the Kings dominions and have employed their Emissaries and Agents in them all for the promoting of their devilish designs which the vigilancy of those who were well-affected hath still discovered and defeated before they were ripe for execution in England and Scotland only in Ireland which was farther off they have had time and opportunity to mould and prepare their work and had brought it to that perfection that they had possessed themselves of that whole Kingdom totally subverted the Government of it rooted out Religion and destroyed all the Protestants whom the conscience of their duty to God their King and Countrey would not have permitted to joyn with them if by God's wonderful providence their main enterprise upon the City and Castle of Dublin had not been detected and prevented upon the very Eve before it should have been executed Notwithstanding they have in other parts of that Kingdom broken out into open Rebellion surprized Towns and Castles committed murders rapes and other villanies and shaken off all bonds of Obedience to His Majesty and the Laws of the Realm and in general have kindled such a fire as nothing but God's infinite blessing upon the wisdom and endeavours of this State will be able to quench it And certainly had not God in his great mercy unto this Land discovered and confounded their former designs we had been the Prologue to this Tragedy in Ireland and had by this time been made the lamentable spectacle of misery and confusion And now what hope have we but in God when as the only means of our subsistence and power of Reformation is under Him in the Parliament But what can we the Commons without the conjunction of the House of Lords and what conjunction can we expect there when the Bishops and Recusant Lords are so numerous and prevalent that they are able to cross and interrupt our best endeavours for Reformation and by that means give advantage to this malignant party to traduce our proceedings They infuse into the People that we mean to abolish all Church-government and leave every man to his own fancy for the Service and Worship of God absolving him of that Obedience which he owes under God unto His Majesty whom we know to be entrusted with the Ecclesiastical Law as well as with the Temporal to regulate all the members of the Church of England by such rules of order and discipline as are established by Parliament which is his great Council in all affairs both of Church and State We confess our intention is and our endeavours have been to reduce within bounds that exorbitant power which the Prelates have assumed unto themselves so contrary both to the Word of God and to the Laws of the Land to which end we past the Bill for the removing them from their Temporal power and employments that so the better they might with meekness apply themselves to the discharge of their functions Which Bill themselves opposed and were the principal instruments of crossing it And we do here declare that it is far from our purpose or desire to let loose the golden reins of Discipline and Government in the Church to leave private persons or particular Congregations to take up what form of Divine Service they please for we hold it requisite that there should be throughout the whole Realm a Conformity to that Order which the Laws enjoyn according to the Word of God and we desire to unburthen the Consciences of men of needless and superstitious Ceremonies suppress innovations and take away the monuments of Idolatry And the better to effect the intended Reformation we desire there may be a general Synod of the most grave pious learned and judicious Divines of this Island assisted with some from foreign parts professing the same Religion with us who may consider of all things necessary for the peace and good Government of the Church and represent the results of their consultations unto the Parliament to be there allowed of and confirmed and receive the stamp of Authority thereby to find passage and obedience throughout the Kingdom They have malitiously charged us that we intend to destroy and discourage
Cessation so limited and qualified they may forthwith proceed to treat upon the Propositions and because the time is so far elapsed in these preparations they desire the Cessation may begin the five and twentieth of this instant March or sooner if it may be and in the mean time notice to be given to all the Forces in the several and remote parts and the Commanders Officers Souldiers are enjoyned to observe this Cessation accordingly to which they hope and pray that God will give such a blessing that thereupon Peace Safety and Happiness may be produced and confirmed to His Majesty and all His People H. Elsinge Cler. Parl. Dom. Com. INSTRUCTIONS agreed on by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Lord Viscount Say and Seal William Pierrepont Esq Sir William Armyne Bar. Sir John Holland Bar. and Bulstrode Whitelocke Esq Committees appointed to attend His MAJESTY upon the Propositions made by His Majesty to the Parliament and likewise upon the other Propositions humbly presented from them to His Majesty I. YOU shall present to His Majesty the Articles agreed on for the Cessation of Arms humbly desiring His Majesty to ratifie and confirm the same under the Great Seal which being obtained you are to send it up to the Parliament with all possible speed and shall likewise beseech the King to dispatch away Messengers to the Generals Commanders and Soldiers of all His Armies and Forces with a strict Command Injunction that they observe those Articles of Cessation according as they are agreed upon as the two Houses likewise intend to give the like direction to the Lord General of the Armies raised for their Defence II. After His Majesty hath declared and ratified the Cessation you shall then proceed to the Treaty beginning with the first Proposition on His Majesty's behalf concerning His Majesty's own Revenue his Magazines Towns Forts and Ships and thereunto make this Answer You shall declare That the two Houses of Parliament have not made use of His Majesty's own Revenue but in a very small proportion which for a good part hath been employed in the maintenance of His Majesty's Children according to the allowance established by Himself and they will satisfie what shall remain due to His Majesty of those Sums received out of His Majesty's own Revenues and shall leave the same to His Majesty for the time to come And you likewise shall propound to His Majesty that He will restore what hath been taken for His use upon any of the Bills assigned to other purposes by several Acts of Parliament or out of the provision made for the War of Ireland That they will remove the Garrisons out of all Towns and Forts in their hands wherein there were no Garrisons before these Troubles and slight all Fortifications made since that time which Towns and Forts it is to be agreed on both parts shall continue in the same condition they were in before and that those Garrisons shall not be renewed nor the Fortifications repaired without Consent of His Majesty and both Houses of Parliament That for those Towns and Forts which are within the Jurisdiction of the Cinque Ports they shall be delivered up into the hands of such a Noble person as His Majesty shall appoint to be Warden of the Cinque-Ports being such a one as they shall confide in That the Town of Portsmouth shall be reduced to the number of the Garrison as was at the time when the Lords and Commons undertook the custody thereof and such other Forts Castles and Towns as were formerly kept by Garrisons as have been taken by them into their care and custody since the beginning of these Troubles shall be reduced to such proportion of Garrison as they had in the year 1636 and shall be so continued and that all the said Towns Forts and Castles shall be delivered up into the hands of such persons of Quality and Trust to be likewise nominated by His Majesty as the two Houses shall confide in That the Warden of the Cinque-Ports and all Governours and Commanders of Towns Castles and Forts shall keep the same Towns Castles and Forts respectively for the Service of His Majesty and the Safety of the Kingdom and that they shall not admit into any of them any Forein Forces raised without His Majesty's Authority and Consent of the two Houses of Parliament and they shall use their uttermost endeavours to suppress all Forces whatsoever raised without such Authority and Consent and they shall seise all Arms and Ammunition provided for any such Forces That the Ships shall be delivered into the Charge of such a Noble person as His Majesty shall nominate to be Lord High-Admiral of England and the two Houses of Parliament confide in who shall receive the same Office by Letters Patent quamdiu bene se gesserit and shall have power to nominate and appoint all subordinate Commanders and Officers and have all other powers appertaining to the Office of High-Admiral which Ships he shall employ for the defence of the Kingdom against all Forein Forces whatsoever and for the safeguard of Merchants securing of Trade and the guarding of Ireland and the intercepting of all Supplies to be carried to the Rebels and shall use his uttermost endeavour to suppress all Forces which shall be raised by any person without His Majesty's Authority and Consent of the Lords and Commons in Parliament and shall seise all Arms and Ammunition provided for supply of any such Forces That all the Arms and Ammunition taken out of His Majesty's Magazines which shall remain in their hands shall be delivered into His Stores and whatsoever shall be wanting they will in convenient time supply in kind according to the proportions which they have received and that the Persons to whose charge those publick Magazines shall be committed being nominated by His Majesty shall be such as the Lords and Commons shall confide in And you shall propound to His Majesty that He will restore all such Arms and Ammunition as have been taken for His use from the several Counties Cities and Towns To the Proposition made by the two Houses concerning the disbanding of the Armies you shall humbly desire His Majesties speedy and positive Answer unto which if He shall be pleased to give His Assent you shall then beseech His 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 Domiion of Wales and in Cornwal and Devon 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 be appointed for the disbanding those two Armies at Oxford and Windsor and all the Forces
Towns and Forts which are within the Jurisdiction of the Cinque-Ports they shall be delivered up into the hands of such a Noble Person as Your Majesty shall appoint to be Warden of the Cinque-ports being such a one as they shall confide in That the Town of Portsmouth shall be reduced to the number of the Garrison as was at the time when the Lords and Commons undertook the custody thereof and such other Forts Castles and Towns as were formerly kept by Garrisons as have been taken by both Houses of Parliament into their care and custody since the beginning of these Troubles shall be reduced to such proportioon of Garrison as they had in the year 1636. and shall be so continued and that all the said Towns Forts and Castles shall be delivered up into the hands of such persons of quality and trust to be likewise nominated by Your Majesty as the two Houses of Parliament shall confide in That the Warden of the Cinque-ports and all Governours and Commanders of Towns Castles and Forts shall keep the same Towns Castles and Forts respectively for the Service of Your Majesty and the Safety of the Kingdom and that they shall not admit into any of them any forein Forces or any other Forces raised without Your Majesty's Authority and Consent of the two Houses of Parliament and they shall use their utmost endeavours to suppress all Forces whatsoever raised without such Authority and Consent and they shall seize all Arms and Ammunition provided for any such Forces They likewise humbly propose to Your Majesty that you would remove the Garrisons out of Newcastle and all other Towns Castles and Forts where any Garrisons have been placed by Your Majesty since these Troubles and that the Fortifications be likewise slighted and the Towns and Forts left in such state and condition as they were in in the year 1636. That all other Towns Forts and Castles where there have been formerly Garrisons before these Troubles may be committed to the charge of such persons to be nominated by Your Majesty as both Houses of Parliament shall confide in and under such Instructions as are formerly mentioned And that those new Garrisons shall not be renewed nor their Fortifications repaired without Consent of Your Majesty and both Houses of Parliament Northumberland Will. Pierrepont John Holland Will. Armyne B. Whitelocke March 28. 1643. HIS Majesty is content that all the Garrisons in any Towns and Forts in the hands of any persons imployed by the two Houses of Parliament wherein there were no Garrisons before these Troubles be removed and all Fortifications made since that time may be slighted and those Towns and Forts shall for the future continue in the same condition they were in before For the Cinque-ports they are already in the Custody of a Noble person against whom His Majesty knows no just Exceptions and who hath such a Legal Interest therein that His Majesty cannot with justice remove Him from it untill some sufficient Cause be made appear to Him but is willing if He shall at any time be found guilty of any thing that may make him unworthy of that Trust that he may be proceeded against according to the rules of Justice The Town of Portsmouth and all other Forts Castles and Towns as were formerly kept by Garrisons shall be reduced to their ancient proportion and the government of them put into the hands of such persons against whom no just Exceptions can be made all of them being before these Troubles by Letters Patents granted to several persons against any of whom His Majesty knows not any Exceptions and who shall be removed if just cause shall be given for the same The Warden of the Cinque-ports and all Governors and Commanders of Towns Castles and Forts shall keep the same Towns Castles and Forts as by the Law they ought to do for His Majesty's Service and the Safety of the Kingdom and they shall not admit into any of them Forein Forces or other Forces raised or brought in contrary to the Law but shall use their utmost endeavour to suppress all such Forces and shall seize all Arms and Ammunition which by the Laws and Statutes of the Kingdom they ought to seize The Garrisons of Newcastle and all other Towns Castles and Forts in which Garrisons have been placed by His Majesty since these Troubles shall be removed and all the Fortifications shall be slighted and the Towns and Forts left in such state and condition as they were in the year 1636. All other Towns Forts and Castles where there have been formerly Garrisons before these Troubles shall be committed to the charge of such persons and under such cautions and limitations as His Majesty hath before exprest And no new Garrisons shall be renewed nor their Fortifications repaired otherwise than as by the Laws and Statutes of the Kingdom they may or ought to be Falkland March 29. 1643. COncerning the appointing of the Warden of the Cinque-ports and Governors of Your Majesty's Towns Castles and Forts we humbly desire to know if Your Majesty's Reply doth intend that both Houses of Parliament may express their Confidence of the persons to whose trust those places are to be committed for that we are directed by our Instructions that if Your Majesty be pleased to assent thereunto that You would nominate persons of Quality to receive the charge of them that we may forthwith certifie both Houses of Parliament that thereupon they may express their Confidence in those persons or humbly beseech Your Majesty to name others none of which persons to be removed during three years next ensuing without just cause to be approved by both Houses of Parliament and if any be so removed or shall dye within the said space the persons to be put in the same Offices shall be such as both Houses shall confide in We humbly desire to know if Your Majesty intends the Garrison of Portsmouth to be of such a proportion as it was about the year 1641. about which time a new supply was added to the former Garrison to strengthen it which both Houses of Parliament think necessary to continue We humbly desire Your Majesty would be pleased to give a more full Answer to this Clause that they should not admit into them any forein or other Forces Raised without Your Majesty's Authority and Consent of the two Houses of Parliament and that they shall use their utmost endeavours to suppress all Forces whatsoever Raised without such Authority and Consent and that those Garrisons should not be renewed or their Fortifications repaired without Consent of Your Majesty and both Houses of Parliament Northumberland J. Holland Will. Armyne B. Whitelocke Will. Pierrepont April 5. 1643. HIS Majesty doth not intend that both Houses of Parliament shall express their Confidence of the persons to whose trust the Cinque-ports or other His Majesty's Towns Castles and Forts now are or shall be committed but only that they shall have liberty upon any just Exceptions to proceed
against any such persons according to Law His Majesty being resolved not to protect them against the publick Justice And well knowing that when any of those places shall be void the Nomination and free Election is a Right belonging to and inherent in His Majesty and having been enjoyed by all His Royal Progenitors His Majesty will not believe that His well-affected Subjects will desire to limit Him in that Right His Majesty intends the Garrison of Portsmouth to be of such a proportion as it was in the year 1641. except He finds good cause to enlarge or diminish that proportion His Majesty cannot give a more full Answer to that Clause concerning the admission of Forces into any of His Forts Castles and Towns than He hath already given His Majesty having therein made the Laws and Statutes of the Kingdom the Rule of what is or what is not to be done which will be always the most impartial Judge between Him and His People Falkland April 10. 1643. BY Instructions yesterday received from both Houses of Parliament we are commanded humbly to desire another Answer from Your Majesty concerning the Cinque-ports Towns Forts and Castles Your Majesty's former Answers concerning them being in the most material points express Denials as both Houses of Parliament understand them Northumberland J. Holland W. Armyne W. Pierrepont B. Whitelocke April 14. 1643. HIS Majesty will not at this time remember the many Acts of Grace and Favour He hath passed this Parliament for the good of His People but He must say He hath not denied any one thing proposed to Him by both Houses which in Justice could be required of Him or in Reason expected and He hath been and is still so unwilling to give a denial to both His Houses that as they shall be sure to receive none to any Proposition they shall make of right so in matters of Grace and Favour He shall be willing to receive any information and reason which at any time may invite him to consent and therefore will gladly receive any Reason from the Committee or both Houses which may induce His Majesty to give another Answer than what He hath already given in the point of the Cinque-ports Forts and Castles but till such be given He cannot consent to dispossess any of His Servants of what they are legally possest of without a just Cause exprest or to quit His own Right of sole disposing of their Commands no other cause yet appearing to Him than that the places they command have been taken from Him Falkland April 14. 1643. YOur Majesty in one of Your Papers this day delivered unto us mentions that You would gladly receive any Reason from both Houses or their Committee which may induce Your Majesty to give another Answer than what you have already given in the point of the Cinque-ports Forts Castles and Magazines We did according to our Instructions humbly desire Your Majesty that the Cinque-ports Forts and Castles might be put into the hands of such Noble persons and persons of Quality and Trust to be nominated by Your Majesty as the two Houses of Parliament should confide in and to be kept for Your Majesty's Service and the Safety of the Kingdom that no Forein Forces or other Forces raised without Your Majesty's Authority and Consent of the two Houses of Parliament should be admitted into any of them and the Commanders to use their utmost endeavours to suppress all Forces raised without such Authority and Consent and to seize all Arms and Ammunition provided for any such Forces Unto which we humbly desire Your Majesty's Gracious assent and to our other desires concerning Your Majesty's first Proposition and the first Proposition of both Houses of Parliament for that we humbly conceive Your Consent thereunto will be the best means for such a Peace to be made as will be safe firm and lasting the which is not to be hoped for except there be a cure for Fears and Jealousies for which an apparent Remedy is to disband all Forces and the same to be so mutually done as neither part to have any Force remaining of which the other may be jealous or in fear But if for other causes not concerned in these unhappy Differences Forces are to be retained as in the Cinque-ports and in some Forts Towns and Castles for the Defence of the whole Kingdom against forein Enemies that then the same may remain in the hands of such persons with such powers as both parts might believe themselves secure for if the same places were considered in relation only to these unnatural Destempers and to the settling thereof the Forces in them were likewise to be disbanded Northumberland J. Holland Will. Pierrepont Will. Armyne B. Whitelocke April 15. 1643. AS His Majesty was and is very desirous to receive any Reason from both Houses or their Committee which might induce His Majesty to give other Answers if what He hath or shall give do not satisfie so He rather expected those Reasons should have had their foundation in the Law of the Land and have shewed Him that by Law He had not the Right He pretended or that by that or by some fundamental Law they had a Right superiour to His in what was now in question or have shewed Him some Legal Reason why the Persons trusted by Him were incapable of that trust than only have insisted upon Fears and Jealousies of which as He knows not the Ground so He is ignorant of the Cure But this His Majesty knows that if readiness to acknowledge retract and provide against for the future any thing of errour that hath hapned against Law and having actually passed more important Bills and parted with more of His known Rights for the satisfaction of His Subjects than not only any one but all His Predecessors would have been thought a sufficient Remedy for Fears and Jealousies the Kingdom might still have injoyed a safe firm and lasting Peace and those would not first have been made a reason to seize upon His Rights and then after have been made an Argument to perswade Him to part with them And His Majesty wonders the Committee should not see that this Argument might extend to the depriving Him of or at least sharing with Him in all His just Regal Power since Power as well as Forces may be the object of Fears and Jealousies and there will be always a power left to hurt whilest there is any left to protect and defend and that if those Rights which He received from His Predecessors were really so formidable that would have been more feared before which is now feared so much and His Forts and Castles would either not have been attempted or at least have enabled Him to defend and keep them and have kept this from being a Question now between them Which since they could not do His Majesty if He had as much inclination as He hath more right to Fears and Jealousies might have more reason to insist upon some adition
of Power as a security to enable Him to keep His Forts when He hath them than they to make any difficulty to restore them to Him in the same condition they were before But as His Majesty contents Himself with so He takes God to witness His greatest desire is always to observe and maintain the Law of the Land and expects the same from His Subjects and believes the mutual observance of that Rule and neither of them to fear what the Law fears not to be on both parts a better Cure for that dangerous Disease of Fears and Jealousies and a better means to establish a happy and perpetual Peace than for His Majesty to devest Himself of those Trusts which the Law of the Land hath settled in the Crown alone to preserve the Power and Dignity of the Prince for the better Protection of the Subject and of the Law and to avoid those dangerous Distractions which the interest of any Sharers with Him would have infallibly produced Falkland The Papers concerning the Ships March 27. 1643. TO that part of Your Majesty's first Proposition which concerns Your Ships we humbly give this Answer That the Ships shall be delivered into the charge of such a Noble person as Your Majesty shall nominate to be Lord High-Admiral of England and the two Houses of Parliament confide in who shall receive the same Office by Letters Patents quamdiu se bene gesserit and shall have power to nominate and appoint all subordinate Commanders and Officers and have all other powers appertaining to the Office of High-Admiral which Ships he shall employ for the defence of the Kingdom against all forein Forces whatsoever and for the safeguard of Merchants securing of Trade and the guarding of Ireland and the intercepting of all supplys to be carried to the Rebels and shall use his utmost endeavour to suppress all Forces which shall be raised by any person without Your Majesty's Authority and Consent of the Lords and Commons in Parliament and shall seize all Arms and Ammunition provided for supply of any such Forces Northumberland W. Pierrepont W. Armyne J. Holland B. Whitelocke March 28. 1643. HIS Majesty expects that His own Ships be forthwith delivered to Him as by the Law they ought to be And when He shall please to nominate a Lord High-Admiral of England it shall be such a Noble person against whom no just Exception can be made and if any shall be His Majesty will always leave him to his due tryal and examination and grant his Office to him by such Letters Patents as have been used In the mean time His Majesty will govern the said Admiralty by Commission as in all times hath been accustomed And whatever Ships shall be set forth by His Majesty or His Authority shall be imployed for the defence of the Kingdom against all Forein Forces whatsoever for the safeguard of Merchants securing of Trade guarding of Ireland and the intercepting of all Supplys to be carried to the Rebels and shall use their utmost endeavours to suppress all Forces which shall be raised by any Person whatsoever against the Laws and Statutes of the Kingdom and to seize all Arms and Ammunition provided for the supply of any such Forces Falkland March 29. 1643. WE humbly desire Your Majesty would be pleased to give a more full Answer to the Clause for the Ships to be delivered into the charge of such a Noble person as Your Majesty shall nominate to be Lord High-Admiral of England and the two Houses of Parliament confide in who shall receive the same Office by Letters Patents quamdiu se bene gesserit And to that Clause to suppress all Forces which shall be raised by any person without Your Majesty's Authority and Consent of the Lords and Commons in Parliament Whereunto if Your Majesty shall be pleased to give Your Assent we conceive we are then directed by our Instructions humbly to desire Your Majesty to nominate such a Noble person to be Lord High-Admiral of England that we may forthwith certifie both Houses of Parliament that thereupon they may express their confidence in that Person or humbly beseech Your Majesty to name another and that in case such Noble person who shall be appointed to be Lord High-Admiral of England shall be removed or shall dye within the space of three years next ensuing that the Person to be put in the same Office shall be such as both Houses shall confide in Northumberland W. Pierrepont W. Armyne J. Holland B. Whitelocke April 5. 1643. HIS Majesty conceives His former Answer of the 28. of March concerning His Ships to be so full that He can add nothing thereunto in any part of it His Majesty conceiving it all the Justice in the world for Him to insist that what is by Law His own and hath been contrary to Law taken from Him be fully restored unto Him without conditioning to impose any new limitation upon His Majesty or His Ministers which were not formerly required from them by Law and thinking it most unreasonable to be prest to diminish His own just Rights Himself because others have violated and usurped them Falkland April 10. 1643. BY Instructions yesterday received from both Houses of Parliament we are commanded humbly to insist upon the desires of both Houses expressed in our former Papers concerning the Ships And both Houses of Parliament do observe in Your Majesties Answer not only a Denial to all their Desires but likewise a Censure upon their Proceedings Northumberland W. Pierrepont W. Armyne J. Holland B. Whitelocke April 14. 1643. HIS Majesty for the present forbears any farther Answer touching His Ships desiring first to receive the Answer of both Houses to His Message of the twelfth of this month But His Majesty will howsoever before their departure hence give them a further Answer Falkland April 15. 1643. HIS Majesty gave so clear a Reason to justifie what He insisted upon in the point of the Ships that He cannot but wonder to see the same again prest to Him and yet both the Reason He gave left unanswered and no other Reason opposed to weight against it His Majesty's end in this was not to lay any Censure upon their Proceedings but it being necessary to the matter in question for His Majesty to say what had been done and the matter of fact being such as it seems could not be repeated but it must appear to be censured His Majesty did not think Himself bound to be so tender of seeming to censure their Proceedings as by waving His own true reasonable Justifications to leave His own naked and exposed to a general Censure And His Majesty hopes that since they esteem His saying that they have taken His Ships from Him contrary to Law to be a Censure they will either produce that Law by which they took them or free themselves from so just and unconfutable a Censure by a speedy and unlimited Restauration Upon which Demand His Majesty's care of His ancient and
for the Defence of themselves their Religion and Liberty and strengthen the Malignant and Popish Army raised against them which they made appear by their humble Answer to those Alterations and Articles which are herewith at large published and therefore do refer themselves thereunto And in the interim while His Majesty was considering of this their humble Answer they gave power to their Committee to treat upon the two first Propositions for four days which afterwards they enlarged to the end of twenty days And within some distance of time afterwards they received a very long Message from His Majesty which indeed carried not with it the face or semblance of a Treaty but in plain down-right language was a bitter Invective against the two Houses of Parliament and their Proceedings so that by this time it might very well appear That the enemies of the Kingdoms Peace so really prosecuted and likely to be effected by the earnest endeavours of both Houses thought it high time to cast in their tares of Sedition to prevent the growth of so blessed a fruit In this Message after very heavy Taxes and unjust Scandals and Accusations laid to their charge forced in quite besides the question His Majesty condescended to the Cessation in manner as was agreed on by both Houses to continue only for five days expecting a liberty notwithstanding to be given the Committee to word it according to the real Intention and so that His Majesty might not be understood to consent to any Imposing upon Levying Distraining or Imprisoning of His Subjects to force them to Contribute expresly protesting against it and inhibiting His Subjects to submit thereunto and requiring them to resist and so that there might not be a liberty for Seizing upon His Subjects by any Soldiers of the Army for not submitting to such Impositions Which offer of His Majesty's being but a Cessation only for five days and some part of that time to be first spent by the Committee in wording of it and limited with a Protestation against and a Command to resist that Power whereby their Forces must be paid and supported which if not answered and justified would by a consent to His Majesty's offer imply a declining of that power which might indanger the Disbanding of their Army and if answered would necessarily have enforced them to some sharpness of language which the enemies of this Treaty would easily take occasion to quarrel at and perswade His Majesty to break off which the Lords and Commons out of their hearty zeal to bring it to a happy conclusion did purposely avoid therefore they did not only pass by these Scandals and unjust Accusations laid to their charge by that Message but purposely declined to enter into any dispute of their power for maintaining the Forces raised for their own necessary defence and therefore thought it best to spend the remainder of the time in Treating upon the Propositions and for that end enjoyned their Committee as much as in them lay to hasten it especially that part touching the Disbanding which being concluded would not only produce a temporary Cessation but an absolute abolition of all acts of Hostility The proceedings and issue of which Treaty the Lords and Commons think it necessary to publish to the Kingdom to the end the sincerity of their endeavours to procure a happy settlement of these miserable Distractions may appear When they perceived that the most part of the time prescribed for the Treaty was like to be spent about the Cessation they gave power to their Committee in the mean time to treat upon the Propositions in order as they had formerly Voted and therefore beginning with His Majesty's first Proposition whereby His Majesty demanded That his own Revenue Magazines Towns Forts and Ships which had been taken or kept from Him by force should be forthwith restored unto Him the Lords and Commons by their Committee made Him this humble Answer First That as to his Revenue they had not made use of it but in a small proportion and a good part of that was employed for the maintenance of His own Children according to the allowance established by Himself That what should remain due to His Majesty they would satisfy and would leave the same to His Majesty for the time to come They likewise thereupon propounded to His Majesty That He would restore what had been taken for His use upon any of the Bills assigned to other purposes by several Acts of Parliament as out of the provision made for the Wars of Ireland Which offer of theirs after some debate thereupon with the Committee was thought reasonable and in effect concluded And as to the Demand of the Towns Forts and Ships they in substance gave this humble Answer That they would deliver up such as remained in their hands into the hands of such persons of worth quality and trust to be nominated by His Majesty as the two Houses of Parliament should confide in none of which persons to be removed during three years next ensuing without just cause to be approved of by both Houses That the Warden of the Cinque-Ports and all Governours and Commanders of Towns Forts and Castles should keep the same respectively for the Service of His Majesty and the Safety of the Kingdom and that they should not admit into them any Forein Forces or any other Forces raised without His Majesty's Authority and Consent of the two Houses of Parliament and they should use their uttermost endeavours to suppress all Forces raised without such Authority and Consent and seize all Arms and Ammunition provided for any such Forces Unto which Offer of theirs His Majesty gave this conclusive Answer That His Majesty did not intend that both Houses of Parliament should express their Confidence of the persons to whose trust the Cinque-Ports or other His Majesty's Towns and Forts were or should be committed but that they should have liberty to proceed against them according to Law His Majesty claiming the nomination and free election to belong to Him of right And to the Clause concerning the admission of Forces into those Forts Castles and Towns His Majesty would consent no further than these general terms that is That no Forces raised or brought in contrary to Law should be admitted and that all Arms and Ammunition should be seized upon which by the Laws and Statutes of the Kingdom they ought to seize They made the like Answer concerning the Ships That they should be delivered into the hands of such a Noble Person as His Majesty should nominate to be Lord High-Admiral of England and the two Houses of Parliament confide in To which Offer his Majesty refused His Consent declaring His Resolution to insist upon what by Law was His own as His Majesty was pleased to express it and taken from Him should be restored unto Him without any conditioning or new limitations to be put upon Him or His Ministers And now the Lords and Commons will refer it to the World
Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traitors may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Kingdoms bear any Office or have any employment concerning the State or Commonwealth And also that the Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and not rendred themselves before the last of October 1644. may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Houses of Parliament bear any Office or have any employment concerning the State or Common-wealth And in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon by His Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament in Scotland respectively shall think fit 5. That by Act of Parliament all Judges and Officers towards the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any place of Judicature or Office towards the Law Common or Civil and that all Serjeants Councellors and Attourneys Doctors Advocates and Proctors of the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any practice in the Law Common or Civil either in publick or in private And that they and likewise all Bishops Clergy-men and other Ecclesiastical persons who have deserted the Parliament and adhered to the Enemies thereof shall not be capable of any preferment or imployment either in Church or Commonwealth without the advice and consent of both Houses of Parliament 6. The persons of all others to be free of all personal censure notwithstanding any Act or thing done in or concerning this War they taking the Covenant 7. The Estates of those persons excepted in the first three preceding qualifications to pay publick Debts and Damages 8. A third part in full value of the Estates of the persons made incapable of any imployment as aforesaid to be imployed for the payment of the publick Debts and Damages according to the Declaration 9. And likewise a tenth part of the Estates of all other Delinquents within the joynt Declarations And in case the Estates and proportions aforementioned shall not suffice for the payment of the publick engagements whereunto they are only to be employed that then a new proportion may be appointed by the joynt advice of both Kingdoms providing it exceed not the one moity of the Estates of the persons made incapable as aforesaid and that it exceed not a sixth part of the Estate of the other Delinquents 10. That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth 200 l. 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 100 l. sterling be at liberty and discharged 11. 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 applyed to the discharge of the said engagements XV. That by Act of Parliament the Subjects of the Kingdom of England may be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVI That an Act of Parliament be passed for the setling of the Admiralty and Forces at Sea and for the raising of such Moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVII An Act for the settling of all Forces both by Sea and Land in Commissioners to be nominated by both Houses of Parliament of persons of known Integrity and such as both Kingdoms may confide in for their faithfulness to Religion and the Peace of the Kingdoms of the House of Peers and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall die others to be nominated in their places by the said Houses Which Commissioners shall have power 1. To suppress any Forces raised without Authority of both Houses of Parliament or in the Intervals of Parliaments without consent of the said Commissioners to the disturbance of the publick Peace of the Kingdoms and to suppress any Foreign Forces that shall invade this Kingdom And that it shall be high Treason in any who shall levy any Force without such Authority or consent to the disturbance of the publick Peace of the Kingdoms any Commission under the great Seal or Warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be settled and to prevent all disturbance of the publick Peace that may rise by occasion of the late Troubles so for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and Vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned so for the Kingdom of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to do as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any troubles arising in the Kingdoms by breach of the said Articles and to hear and determine all differences that may occasion the same according to the Treaty and to do further accordingly as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of the Parliament in Scotland and in the Intervals of Parliaments from the Commissioners for the preservation of the publick Peace 3. To raise and joyn the Forces of both Kingdoms to resist all Foreign Invasion and to suppress any Forces raised within any of the Kingdoms to the disturbance of the publick Peace of the Kingdoms by any authority under the great Seal or other Warrant whatsoever without consent of both Houses of Parliament in England and the
offered any such particular Form of Government to us that may inable us to judge thereof and we cannot but observe that the Arguments produced to that purpose were only to prove the same not unlawful without offering to prove it absolutely necessary And therefore we conceive our Answer formerly given to your Lordships concerning that Bill and your Propositions concerning Religion is a just and reasonable Answer After the first three days of the Treaty spent upon the business of Religion according to the Order formerly prescribed the Propositions concerning the Militia were next Treated upon the three days following beginning the fourth of February and the same was after resumed the 14 th of February for other three days Their Propositions touching the Militia 4. February WE desire that by Act of Parliament the Subjects of the Kingdom of England may be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit We desire that an Act of Parliament be passed for the settling of the Admiralty and Forces at Sea and for the raising of such moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit An Act for the settling of all Forces by Sea and Land in Commissioners to be nominated by both Houses of Parliament of Persons of known Integrity and such as both Kingdoms may confide in for their faithfulness to the Religion and Peace of the Kingdom of the House of Peers and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall dye others to be nominated in their places by the said Houses Which Commissioners shall have power 1. To suppress any Forces raised without Authority of both Houses of Parliament or in the Intervals of Parliaments without consent of the said Commissioners to the disturbance of the publick Peace of these Kingdoms and to suppress any Foreign Forces that shall invade this Kingdom And that it shall be high Treason in any who shall levy any Forces without such Authority or consent to the disturbance of the Publick peace of the Kingdom any Commission under the great Seal or other Warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be setled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles So for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned So for the Kingdom of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to do as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any Troubles arising in the Kingdoms by breach of the said Articles and to hear and determine all differences that may occasion the same according to the Treaty and to do further according as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of Parliament in Scotland and in the Intervals of Parliaments from the Commissioners for the preservation of the publick Peace 3. To raise and joyn the Forces of both Kingdoms to resist all Foreign Invasion and to suppress any Forces raised within any of the Kingdoms to the disturbance of the publick Peace of the Kingdoms by any Authority under the great Seal or other Warrant whatsoever without consent of both Houses of Parliament in England and the Estates of the Parliament in Scotland or the said Commissioners of that 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 We desire that the Militia of the City of London may be in the ordering and government of the Lord Mayor Aldermen and Commons in Common-Councel assembled or such as they shall from time to time appoint whereof the Lord Mayor and Sheriffs for the time being to be three And that the Militia of the Parishes without London and the Liberties within the Weekly Bills of Mortality may be under the command of the Lord Mayor Aldermen and Commons in Common-Councel of the said City to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament We desire 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-Councel And that the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent and that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future After these Propositions made the King's Commissioners for their Information concerning these Propositions gave in several Papers The King's Commissioners Paper 4. February VVE conceive the Propositions delivered by your Lordships concerning the Militia import very great Alterations in the main foundation of the Frame of Government of this Kingdom taking by express words or by necessary consequence the whole Military and Civil power out of the Crown without any limitation in Time or reparation proposed Therefore we desire to know for what term you intend the Militia shall be settled in such manner as may be a reasonable and full Security which we are ready and desirous to give to preserve the Peace now to be settled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles For the better doing whereof we are ready by Conference to satisfie your Lordships in any particulars Their Answer 4. February OUR Paper given in to your Lordships concerning the Militia doth not contain the Alterations mentioned in your Lordships Answer but desires that which by the Wisdom of the Parliaments of both Kingdoms is judged necessary at this time for the security of His Majesty's Kingdoms and preservation of the Peace now to be settled and until your Lordships shall declare an Assent unto the matter therein expressed we conceive it will not
Parliament of Scotland to an Act acknowledging and ratifying the Acts of the Convention of Estates of Scotland called by the Council and Conservers of the Peace and the Commissioners of the Common Burthens and assembled the Two and Twentieth day of June 1643. and several times continued since and of the Parliament of the Kingdom since convened XIII That the Lords and Commons in the Parliament of England assembled shall during the space of twenty years from the first of July 1646. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be 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 twenty years think fit and appoint and that neither the King His Heirs or Successors nor any other but such as shall Act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the Powers aforesaid And the like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit 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 twenty 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 twenty years be imployed managed ordered and disposed by the said 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 during the said space of twenty 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 and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick 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 Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 3. To conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of Twenty years judge fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without Consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdom shall go into or continue in the other Kingdom without the Advice and Desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them appointed for that purpose And that after the expiration of the said Twenty 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 raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of VVales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed nor exercise any of the said Powers or Authorities in the precedent Articles mentioned and expressed to be during the said space of Twenty years in the said Lords and Commons nor do any Act or 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 That after the expiration of the said Twenty years in all Cases wherein the Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any part of the said Forces or concerning the Admiralty and Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land-service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given thereunto Provided that nothing herein before contained shall extend to the taking away of the ordinary Legal power of Sheriffs Justices of Peace Maiors Bailifs Coroners Constables Headboroughs or other Officers of Justice not being military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of the Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers nor any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons And if any persons shall be gathered and assembled together in warlike manner or otherwise to the Number of Thirty persons and shall not forthwith disband themselves being required thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person and persons not so disbanding themselves shall be guilty and incur the pains of High
Proclamations and other Proceedings against it to be void An Act concerning Peers lately made and hereafter to be made An Act concerning the Adjournments of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Raising settling and maintaining Forces by Sea and by Land within the Kingdoms of England and Ireland and Dominion of VVales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed BE it Enacted by the King's Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled shall during the space of twenty years from the first of November 1647. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land service and shall appoint all Commanders and Officers for the said Forces and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be 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 twenty years think fit and appoint and shall from time to time appoint all Commanders and Officers for the said Forces or remove them as they shall see cause and shall likewise nominate appoint place or displace as they shall see cause all Commanders and Officers within the several Garrisons Forts and Places of strength as shall be within the Kingdoms of England Ireland and Dominion of Wales the Isles of Gernsey and Jersey and Town of Barwick upon Tweed and that neither the King His Heirs or Successors nor any other but such as shall act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the powers aforesaid And be it further enacted by the Authority 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 twenty years think fit and appoint and not otherwise and 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 twenty years be imployed managed ordered disposed or disbanded by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And be it further Enacted by the Authority aforesaid That the said Lords and Commons during the said space of twenty years shall have power in such sort and by such ways and means as they shall think fit and appoint 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 and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and also to suppress any Forreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and likewise to conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of twenty years judg fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdoms shall go into or continue in the other Kingdom without the Advice and desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them respectively appointed for that purpose And be it Enacted by the Authority aforesaid That after the expiration of the said twenty 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 raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea and Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any of them nor exercise any of the said Powers or Authorities before-mentioned and expressed to be during the said space of twenty years in the said Lords and Commons nor do any act or 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 be it further also Enacted That after the expiration of the said twenty years in all cases wherein the said Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any part of the said Forces or concerning the said Admiralty or Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after Declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given
that Ignatius cannot be distinctly known in Ignatius And if we take him in gross we make him the Patron as Baronius and the rest of the Popish Writers do of such rites and observations as the Church in his time cannot be thought to have owned He doth indeed give testimony to the Prelacy of a Bishop above a Presbyter that which may justly render him suspected is that he gives too much Honour saith he the Bishop as God's high Priest and after him you must honour the King He was indeed a holy Martyr and his writings have suffered Martyrdom as well as he Corruptions could not go current but under the credit of worthy Names That which Your Majesty saith in Your fourth Paragraph that we might have added if we had pleased That James Timothy Titus c. were constituted and ordained Bishops of the forementioned places respectively and that all the Bishops of those times were reputed Successors to the Apostles in their Episcopal Office we could not have added it without prejudice as we humbly conceive to the truth for the Apostles did not ordain any of themselves Bishops nor could they do it for even by Your Majesties Concession they were Bishops before viz. as they were Apostles nor could any Apostle his choice of a certain Region or place to exercise his function in whilst he pleased render him a Bishop any more than Paul was Bishop of the Gentiles Peter of the Circumcision Neither did the Apostles ordain the Evangelists Bishops of those places unto which they sent them nor were the Bishops of those times any more than as Your Majesty saith reputed Successors to the Apostles in their Episcopal Office they came after the Apostles in the Churches by them planted so might Presbyters do But that 's not properly succession at least not succession into Office and this we say with a Salvo to our Assertion That in those times there were no such Bishops distinct from Presbyters Neither do we understand whether the words Episcopal Office in this Section refer to the Bishops or Apostles for in reference to Apostles it insinuates a distinction of the Apostles Office into Apostolical and Episcopal or that the Office Apostolical was wholly Episcopal unto neither of which we can give our consent for reasons forementioned To the testimonies by us recited in proof of two only Orders Your Majesty answers first That the promiscuous use of the names of Bishops and Presbyters is imported That which Your Majesty not long ago called our old fallacy is now Your Answer only with this difference we under promiscuous names hold the same Office Your Majesty under promiscuous names supposes two which if as it is often asserted was but once proved we should take it for a determination of this Controversie Secondly that they relate to a School-point or a nicety utrum Episcopatus fit or do vel gradus both sides of the questionists or disputants in the mean time acknowledging the right of Church-government in the Bishops alone It is confest by us that that question as it is stated by Popish Authors is a curious nicety to which we have no eye or reference for though the same Officers may differ from and excel others of the same order in Gifts or Qualifications yet the Office it self is one and the same without difference or degrees as one Apostle or Presbyter is not superior to another in the degree of Office they that are of the same Order are of the same degree in respect of Office as having Power and Authority to the same Acts. Nor doth the Scripture warrant or allow any Superiority of one over another of the same Order and therefore the proving of two Orders only in the Church is a demonstration that Presbyters and Bishops are the same In which point the Scripture will counter-balance the testimonies of those that assert three degrees or orders though ten for one But for easing of Your Majesty of the trouble of producing testimonies against those cited by us we make this humble motion that the Regiments on both sides may be discharged out of the field and the Point disputed by Dint of holy Scripture Id verum quod primum Having passed through the Argumentative parts of Your Majesties Reply wherein we should account it a great happiness to have given Your Majesty any satisfaction in order whereunto You pleased to honour us with this employment we shall contract our selves in the remainder craving Your Majesties pardon if You shall conceive us to have been too much in the former and too little in that which follows We honour the pious intentions and munificence of Your Royal Progenitors and do acknowledge that Ornamental Accessions granted to the Person do not make any substantial change in the Office the real difference betwixt that Episcopal Government which first obtained in the Church and the present Hierarchy consists in ipso regimine modo regiminis which cannot be clearly demonstrated in particulars until it be agreed on both sides what that Episcopacy was then and what the Hierarchy is now and then it would appear whether these three forementioned Essentials of Episcopal Government were the same in both For the Power under Christian Princes and under Pagan is one and the same though the Exercise be not And we humbly receive Your Majesties pious Advertisement not unlike that of Constantine's stirring us up as men unbiassed with private interests to study the nearest Accommodation and best resemblance to the Apostolical and Primitive times But for Your Majesties Salvo to the Bishops sole power of Ordination and Jurisdiction and that distinction of Ordination Authoritative in the Bishop and Concomitant in the Presbytery which You seem to found upon these two Texts 11 Tim. i. 6. 1 Tim. IV. 14. and which is used by Dr. Bilson and other Defenders of Episcopacy in explication of that Canon of the fourth Council of Carthage which enjoyns the joynt imposition of the Bishops and Presbyters hands we shall give Your Majesty an accompt when we shall be called to the inquisition thereof Albeit that we do not for the present see but that this Proviso of Your Majesty renders our accommodation to the Apostolical and Primitive times whereunto You did exhort us unfeisible We notwithstanding do fully profess our acknowledgement of subordination of the outward exercise of Jurisdiction to the Sovereign power and our accomptableness to the Laws of the Land As for Your Majesties three Questions of great importance Whether there be a certain form of Government left by Christ and his Apostles to be observed by all Christian Churches Whether it bind perpetually or be upon occasion alterable in whole or in part Whether that certain form of Government be the Episcopal Presbyterian or some other differing from them hoth The whole Volume of Ecclesiastical Policy is contained in them and we hope that neither Your Majesty expected of us a particular Answer to them at this time nor will take offence at us if