downe in their Propositions in terminis And in this poynt though they seem to reduce the time which in their Propositions was indefinite to a certainty to which yet the Scottish Commissioners See no. 132. have not absolutely agreed the alteration is more in shew then indeed and rather to the heightning then abateing their demands for whereas they have limited the time to seaven years yet it is with an additionall clause That after those seven years it was to be executed as We and they should agree and not otherwise so that though the Commissioners should have the power but for seaven years yet we should not have it after those seaven years nor at any time unlesse they and we could agree in it so much would they have gained by this seeming compliance in poynt of limitation of this power to a time though not to that time of three years which we proposed But they justify the reasonablenesse of it for whereas our Commissioners in their Paper to which this of theirs is applied as No. 130. an answer tell them that if the time for this power be unlimited we and our posterity shall for ever part with our peculiar Regall power of being able to resist our Enemies or protect our good Subjects and with that undoubted and never denyed right of the Crowne to make Warre and Peace or ever more to have jurisdiction over our own Navy and Fleet at Sea the command thereof being also a part of this great power to be given to these Commissioners They answer plainly they cannot admit of this peculiar Regall Power which Our Commissioners mention to reside in us concerning the Militia and to make Peace and Warre or that it is otherwise to be exercised then by authority from us and both Houses of Parliament of England and the Estates of the Parliament of Scotland respectively We approve of their ingenuity that now at the breaking off of the Treaty they tell us in plain tearmes what they meane though the Common Law-books and Records of Parliament have mentioned that the sole power of protecting the Subjects belongs to the King and that he alone hath power to make Peace and Warre though it hath been the language of former Parliaments even of the last Parliament and at the beginning of this Parliament that the power of Peace and Warre is in the King but if he will have money from His Subjects to maintain the Warres he must have their consents and though the universall consent and common opinion heretofore hath gone accordingly yet they cannot admit thereof as to have been our right for the answer is made to the assertion concerning our right And not admitting it it seems their oathes of Alleageance and Supremacy to defend our Crowne and Dignity and to assistand defend all Iurisdictions Priviledges and authorities belonging to us oblige them not And as they doe not admit this power in right to have been in us alone for the time past so neither will they admit it for the time to come in Vs or Our successors to be able to resist our Enemies or protect our Subjects or to make Peace or Warre but it must be by authority from Vs and the two Houses and the Estates of the Parliament of Scotland respectively They are to be associated in these Regall Powers and the Scepter and the Sword may in Pictures or Statues but are not indeed to be in the Kings hand alone Vpon these grounds We wonder not that they would have the Navy and Fleet at Sea to be put into the hands of their Commissioners for seaven years as the Militia for the Land and after the seaven years to be commanded in such manner as they and we should agree and not otherwise for they say the reasons are the same for them as for the Militia by land It is a principall meanes they say of their security and We cannot find they think themselves to have any security if We and Our Successors have any Power But if We will part with Our Power wholly unto them We and Our Posterity shall be fully secured by the aflections of Our Subjects that is by the Lords Commons now at Westminster who in their sense represent all the people who by themselves during the Parliament or when they shall please to make any recesses by their Commissioners during the intervalls will free us from the burden of the Militia and of Our Navy and so of protecting Our Subjects and will save Vs the Charge of Our Navy because it is to be principally maintained by the free guift of the Subject out of Tonnage and Poundage and other Impositions upon Merchandise And having taken this care for Our security sutable to all their Actions these three yeares last past They say that for security of those who have been with Vs in the Warre an Act of Oblivion is desired to be passed whereby all Our Subjects would have been put in one and the same condition and under the same protection with some exceptions mentioned in the Propositions We are not willing to mention those exceptions by which not onely most of Our best Subjects who have been with Vs in the Warre according to their duties by expresse or generall termes are excepted but all the Estates of some of them and a great part of the Estates of the rest of them for that very cause because they were with Vs in the Warre are to be forfeited As for securing them by an Act of Oblivion they have lesse cause to desire it then they who propose it as being more secured by the Conscience of doing their duties and the protection of the knowne common Law of the Land if it might take place then any protection under the two Houses or their Commissioners for the Militia yet We were not unwilling for the security of all Our Subjects to have assented to an Act of Oblivion being willing as much as in Vs lies to have made up these breaches and buryed the memory of these unhappy Divisions It was urged by our Commissioners that according to the literall sense of the Propositions in the powers given to the Commissioners for the Militia That Sheriffes and Justices of Peace and other legall Ministers could not raise the Posse Comitatus or Forces to suppresse Riots without being lyable to the interpretation of the Commissioners To this they answer That this is no part of the Militia to be exercised by the Commissioners but in executing of Justice and legall Processe nor can be intended to be any disturbance but for the preservation of the Peace We shall admit that to be their meaning but it being by the Propositions made Treason in any who shall leavy any Forces without authority or consent of the Commissioners to the disturbance of the publique Peace it is apparent that the Sheriffes or Iustices of Peace if they raise any Forces to suppresse any tumultuous Assembly which it is possible some of the Commissioners may countenance or
the Kingdome of England only in pursuance of a former Paper given in by your Lordships the 6. of February We therefore againe desire as formerly that such answer as your Lordships shall think fit to make to our Propositions concerning the Militia may be applied to both Kingdoms joyntly and then we shall be ready by conference to cleare any Objections which your Lordships shall make against the reasonablenesse of our demands The King's Commissioners Paper 15. Febr. WEE desire that your Lordships will satisfy us of the XCV reasonablenesse of your demands concerning the setling the Militia of both Kingdoms and that the nominating of the Persons ought to be by the two Houses of Parliament and the like for the Kingdom of Scotland and that the time ought not to be limited Their Paper 15. Febr. YOur Lordships demand in your * The precedent Paper 4th Paper being made concerning XCVI the Militia of both Kingdoms we are ready upon conference to give satisfaction to what your Lordships shall object against the nominating of the Commissioners by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively or against the time for which the Militia is demanded in the Propositions After some time spent in conference for limiting the time wherein the debate was touching the unreasonablenesse of the demand for taking from the King the Power of the Militia and setling it in Commissioners to be nominated by the two Houses not limited to any time The Kings Commissioners gave in this Paper 15. Febr. WE desire to know whether your Lordships can by your XCVII instructions consent to a limitation of time in the setling the Militia or whether you must insist that the time be unlimited Their Answer 17. Febr. IN Answer to your * The next precedent paper sixt Paper of the 15. of this instant XCVIII concerning the limitation of time in the setling of the Militia We doe insist that the time be unlimited according to our former demands The King's Commissioners Reply 17. Febr. AFter so long debate between us concerning the limitation XCIX of time in the setling of the Militia in which we conceive your Lordships had been satisfied that as it is no way necessary for the security of the observation and performance of the present agreement that the time should be unlimited so in respect of other considerations it may be very mischievous that it should be unlimited we had great reason to desire to know whether your Lordships had any power by your Instructions to consent to a limitation of time and are sory that your Lordships will not give us an answer to that question that thereupon we might have endeavoured to have given your Lordships other satisfaction then by not knowing your power therein we are enabled to doe Their Paper 17. Febr. WE conceive that after so long a debate between us C. your Lordships would have been satisfied that it was most fit concerning the setling the Militia for the time to be unlimited as we have formerly desired and which by our Instructions we are to insist upon They also delivered in this Paper 17. Febr. WE desire a full and cleer answer to what we have delivered CI. to your Lordships concerning the Militia and to know whether your Lordships be limited by any Instructions or Directions what to grant or deny in the same and that we may have a sight of such Instructions or Directions The Answere 17. Febr. VVE doe * The paper after n o 128. was delivered with this herewith deliver to your Lordships such a full and cleere answer to your Propositions concernthe Militia as we hope will give your Lordships satisfaction being such as upon the conference and information we have received from your Lordships seems to us to be most reasonable It appeareth by our Commission whereof your Lordships have a Copy that it hath not any reference to any Instructions It is true that as we have according to our duty from time to time acquainted His Majesty with our proceedings so in some particular cases we have desired to be assisted with His Majesties opinion but what answers we have therein received from His Majesty we conceive it not proper for us to communicate to your Lordships nor have we any warrant so to doe Their Reply 17. Febr. VVE againe desire of your Lordships to know whether you CIII be limited by any Instructions or Directions what to grant or deny unto us concerning the Militia and that we may have a sight of such instructions or directions and which we conceive your Lordships in Justice and reason cannot deny seeing by your Papers and debates you insisted that it was just and reasonable for us to let you know whether we had any power by our Instructions to consent to a limitation of time which we did accordingly And your Lordships 7th Paper this day delivered gives no answer or satisfaction to our former demand herein The King's Commissioners Answer 17. Febr. WE conceive it was just and reasonable for us to demand CIV of your Lordships whether you had power by your instructions to consent to a limitation of time concerning the Militia because the time is left indefinite and not expressed in the Propositions And your Lordships Commission which gives you power to Treat relating to instructions they are thereby part of your power and yet your Lordships to that our demand have given no other answer then That by your instructions you were to insist to have the time unlimited but have not answered whether you had power to consent to a limitation of time And we desire your Lordships to remember that formerly upon our desire to see your instructions that thereby we might see what power was granted to you by your * See before n o 16. Paper of the last of Ianuary your Lordships did answer it was that for which you had no warrant and it appearing to your Lordships that our Commission hath no reference to instructions we conceive that your Lordships cannot expect any other answer then we have already given to your Lordships demand touching any instructions or directions to us what to deny or consent to grant in the Militia assuring your Lordships that we shall not deny but willingly consent to grant whatsoever shall be therein requisite for a full security for observing the Articles of the Treaty or otherwise agreeable to Iustice or reason Touching the Power which should be given to the Commissioners for the Militia The King's Commissioners Paper 14. February VVE desire to know what authority the Commissioners CV nominated by the Estates of the Parliament of Scotland are to have in the Militia of this Kingdom and what influence the Orders and advice from the Estates of the Parliament there shall have upon this Kingdom and how farre the same is to be consented or submitted to here Their Answer 14. Feb. YOur Lordships
desire expressed in your second Paper this CVI. day may be fully satisfied by the Propositions concerning the Militia where the authority of the Commissioners to be nominated is clearely expressed both in cases of severall and of joynt concernment of the Kingdoms And if upon perusall thereof any doubts shall occurre to your Lordships we are ready by conference to cleare the same The King's Commssioners Paper 15. Febr. VVE doe not conceive that the authority of the Commissioners CVII of both Kingdoms and in both Kingdoms is cleerely expressed in your Lordships Propositions and therefore we desire to be informed whether your Lordships intend that the Commissioners of Scotland shall have any power in the setling of all Forces by Sea and Land in this Kingdome and what authority they shall have Their Paper 15. Feb. WE doe conceive that the authority of the Commissioners of CVIII both Kingdomes and in both Kingdomes is clearly expressed in our Propositions By which it doth appeare how they are to act as severall or as joynt Commissioners And if your Lordships shall propound any objections against our Propositions concerning the Miliâ—ia of both Kingdomes we are ready upon conference to give your Lordships satisfaction The King's Commissioners Paper 15. February VVE desire to know whether in that part of the Proposition CIX wherein the Commissioners of both Kingdomes are appoynted to meet as a joynt Committee and to receive Instructions in the intervalls of Parliament from the Commissioners for the preservation of the publique Peace your Lordships meane the Commissioners to be nominated according to these Propositions or the * See the Printed Act. Commissioners intended by the Act of Pacification or what other Commissioners And what Iurisdiction you intend the said Commissioners of both Kingdomes shall have by the power given them to heare and determine all differences that may occasion the breach of the Articles of the Peace according to the Treaty and by what Law they shall proceed to heare and determine the same Their Answer 15. Feb. VVE intend that the Commissioners are to be nominated CX according to the Propositions and are to proceed in such manner as is therein expressed and if your Lordships shall make any obâ—â—ctions hereupon we are ready by Conference to give you satisfaction Their further Answer 15. Feb. FOr further answer to your Lordships second Paper we conceive CXI that the matter of the Jurisdiction to be exercised by the Commissioners is expressed in the Proposition and for the manner of exercising that Iurisdiction and by what Law they shall proceed to heare and determine the same are to be setled by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively The King's Commissioners Paper 15 Feb. WE desire to receive a perfect and full answer from your CXII Lordships to our * See no. 107 109 no. 105. first and second Papers delivered by us this morning to your Lordships and whether your Lordships intend that the Commissioners of Scotland shall have any power and authority in the setling of all Forces by Sea and Land in this Kingdom and what authority they shall have and whether the advice or orders of the Estates of the Parliament of Scotland shall have any influence upon the affaires of this Kingdome or the Commissioners to be named according to these Propositions otherwise then as the said advice or orders shall be approved and confirmed by the two Houses of Parliament of England and what Iurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of Peace and by what Law or rule they shall proceed trye and Iudge in the hearing determining the same And it is most necessary for us to desire satisfaction from your Lordships to these particulars in writing since the answer we shall give to your Lordships upon so much of your Propositions will very much depend upon our cleare understanding your Lorâ—ships in these particulars it being agreed between us that nothing shall be binding or taken as agreed upon but what shall be in writing on either part Their Answer 17. Feb. WE conceive there is a full answer already given by us in CXIII * See the papers intended no. 92 106. severall papers of the 14 of this instant to the former parts of your paper delivered in on the 15 day and to the latter part what Iurisdiction the Commissioners shall have who may determine all differences that shall be by breach of the Articles of Peace and by what Law and rule they shall proceed to heare and determine the same is clearely set down in our * No. 111. further answer of the 15 of this instant to your second paper delivered in to us the day before The King's Commissioners Answer thereunto 17. February VVE had great reason to desire a perfect and full answer CXIIII from your Lordships to our first and second Papers delivered by us to your Lordships on the 15 of Feb. and we desire your Lordships to consider how difficult a thing it is for us to give your Lordships a satisfactory answer to your propositions as they relate to either or both Kingdoms or to the power of the Commissioners of both Kingdoms as they are to be a joynt Committee to heare and determine all differences according to instructions from both Houses of Parliament of England or the Estates of the Parliament of Scotland before your Lordships are pleased to informe us whether you intend the Commissioners of Scotland shall have any power or authority in the setling all Forces by Sea and Land in this Kingdome and what authority they shall have and whether the advice instructions or orders of the Estates of the Parliament of Scotland shall have any influence upon the affaires of this Kingdom or the Commissioners to be named according to those Propositions otherwise then as the said advice instructions or orders shall be approved and confirmed by the two Houses of Parliament of England and what Iurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of the Peace and by what Law or rule they shall proceed try and Iudge in the hearing and determining the same In all which particulars we are very sory that we can receive no answers from your Lordships for want whereof we may faile in giving your Lordships so satisfactory answers to your Propositions as otherwise we might be enabled to do Their Reply 17. Febr. IT is clearly expressed in our Propositions delivered to your CXV Lordships that all Forces by Sea and Land in this Kingdome are to be setled by the two Houses of the Parliament of England and in the Kingdom of Scotland by the Estates of the Parliament there and we conceive that the advice instrustions or orders of either Kingdome are to
of Ireland and other officers and Iudges there mentioned in the 20th Proposition being no matters of joynt concernments is to be limited to the Commissioners for the Parliament of England wherein the Commissioners of Scotland are to Vote as single persons The King's Commissioners fourth Paper 19. February THe Articles of the Treaty of the sixth of August giving CLVIII power to the Lievtenant of Ireland when the Scottish Army shall be joyned with His Army to give Instructions to the Scottish commander in chiefe and the Orders of the two Houses of the 9th of March 1644. and the 11th of Aprill See all these in the Appendix 1644. appoynting the Generall of the Scottish Forces in Ireland to command in chiefe over all the Forces as well Brittish as Scots and both being desired to be enacted We desire to know whether the Lievtenant of Ireland shall command the Scots Forces or whether the Scottish Generall shall command all Forces both Brittish and Scots Their Answer 19. Feb. IN Answer to your Lordships 4th Paper we say that the Ordinances CLIX. of the 9th of March and 11th of Aprill 1644. were made when there was no Lievtenant of Ireland and when a Lievtenant shall be made with the approbation of both Houses according to our former Demands in the â—7th and 20th Propositions it will be a fitting time to give further Answer to your Lordships The King's Commissioners Reply 20. Feb. VVE desire a full answer from your Lordships to our CLX fourth paper delivered to your Lordships yesterday concerning the Power of the Lord Lievtenant of Ireland and the Generall of Scots Forces your Lordship having proposed to us that the Articles of the Treaty and the Ordinance of the 11. of April be enacted by His Maiestie by one of which the Generall of the Scotch Forces is to receive instructions for the manageing the War there from the Lievtenant of Ireland and by the other which is the later the Generall of the Scots Forces is to command in cheif both the Brittish and Scots Forces by which it seemes the Lievtenant of that Kingdom is to have no power in the prosecution of that War Their Answer 20. Feb. WE do insist upon our former papers that the prosecution of CLXI the War in Ireland is to be setled in both Houses of Parliament and is to be managed by the ioynt advice of both Kingdoms as in those Papers is set down and when a Lievtenant of Ireland shall be appointed as is expressed in the Propositions and it shall be necessary for the good of the service that he and the Commander in chief of the Scottish Army ioyn The Commander of the Scottish Army shall receive Instructions from the Lord Lievtenant or Deputy or other who shall have the cheif Government of that Kingdom for the time according to the Orders which shall be given by the Commissioners of both Kingdoms The King's Commissioners fifth Paper 19. February THe last part of the 17th Proposition gives power to the CLXII Commissioners for the Militia of both Kingdoms as a ioynt Committee to order the War of Ireland according to the Ordinance of the 11th April and to order the Militia and conserve the Peace of the Kingdom of Ireland and by that of the 11th of April the Earle of Leven being appointed Commander in cheif over all the Forces as well Brittish as Scots We desire to know whether he shall be subordinate to those Commissioners for the Militia and be obliged to observe such orders as he shall receive from them Their Answer 19. Feb. THe Commissioners of the Militia desired by the 17th Proposition CLXIII are to order the War of Ireland according to the Ordinance of the 11th of April and the Earle of Leven being by that Ordinance Commander in cheif of the Forces there is obliged to observe such Orders as he shall receive from those Commissioners Their Commissioners likewise the same 19 of Feb. delivered in some Papers of Demands on their part Their Answer 19. Feb. WE desire that no Cessation of Armes or Peace in Ireland CLXIV may be Treated upon or concluded without consent of both Houses of Parliament of England Another 19. Feb. WE desire to know whether any Peace or Cessation of Armes CLXV in Ireland be consented unto by His Majestie and for what time and whether any Commission be now on foote or other authority given by His Majestie for that purpose The King's Commissioners Answer to both 20. February CLXVI TO your Lordships * Which were the two next precedent Papers sixt and seventh Papers delivered to us yesterday concerning any Peace or Cessation of Armes in Ireland your Lordships well know that long after the Warre begun in this Kingdom and the want of a supply from hence that a Cessation hath bin made with His Majesties consent and we conceive that the same expires in March next and we are confident there is no Peace made there But for the making a Peace or a farther Cessation we can give no farther answer till we may know whether there may be a blessed Peace made in England since if the miserable Civill Warrs shall continue in thâ— Kingdom we cannot conceive it possible for His Majestie by Force to reduce the Kingdom of Ireland or to preserve His Protestant Subjects there without a Peace or Cessation Their Reply 20. Febr. WE conceive your Lordships have given no answer to us whether CLXVII any Commission be now on foot or other authority given by His Majestie for any Peace or Cessation of Armes in Ireland other then that which determines in March next nor to our desire that no Cessation of Armes or Peace in Ireland may be Treated upon or concluded without consent of both Houses of the Parliament of England nor do we understand why your Lordships should delay your answer herein till the Peace in England be concluded since it hath bin so clearly manifested to your Lordships by the true meaning of the Act passed by His Majestie this Parliament that His Majestie can make no Peace nor Cessation without the consent of the two Houses and that your Lordships satisfactory answer to this and our other demands concerning Ireland will much conduce to the setling the Peace of this Kingdom we therefore again desire your Lordships full and clear answer to the particulars expressed in our sixt and seventh papers yesterday delivered to your Lordships The King's Commissioners Answer 20. Febr. WE do not hold our selves any wayes obliged to answer CLXVIII your Lordships demand whether any Commission be on foot or other authority from His Majesty for a Peace or Cessation of Armes in Ireland that question not arising upon any Propositions on His Majesties part yet for your Lordships satisfaction we do again assure you we do not know there is any Peace or Cessation made there other then that which determines in March next But what Commission the Marquesse of Ormond as
Enacted by the King 's most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the authority of the same that from and after the fifth day of November in the yeare of our Lord one Thousanâ— six Hundred fortie and three there shall be no Arch-Bishop Bishop Chancellour or Commissarie of any Arch-Bishop or Bishop nor any Deane Sub-Deane Deane and Chapter or Arch-Deacon nor any Chancellour Chaunter Treasurer Sub-Treaâ—urer Succentor or Sacrist of any Cathedrall or Collegiate Church nor any Prebendary Canon Canon-Residenciary Petty-Canon Vicar Chorall Choristers Old-Vicars or new-Vicars of or within any Cathedrall or Collegiate Church or any other their Officers within this Church of England or Dominion of Wales And that from and after the said fifth day of Novemb. the Name Title Dignity Iurisdiction Office and Function of Arch-Bishops Bishops their Chancellours and Commissaries Deanes Sub-Deanes Deanes and Chapters Arch-Deacons Canons and Prebendaries and all Chaunters Chauncellours Treasurers Sub-Treasurers Succentors and Sacrists and all Vicars Corall and Choristers old-Vicars and new-Vicars and every of them and likewise the having using or exercising of any Power Iurisdiction Office or Authority by reason or colour of any such Name Title Dignity office or Function within this Realme of England or Dominion of Wales shall thenceforth cease determine and become absolutely voyd and shall be abolished out of this Realme and the Dominion of Wales any Vsage Law or Statute to the conâ—rary in any wise notwithstanding And that from and after the said fifth day of November no Person or Persons whatsoever by virtue of any Letters Patents Commission or other authority derived from the Kings Majestie His Heires or Successors shall use or exercise any Iurisdiction Ecclesiasticall within this Realme or Dominion of Wales but such and in such manner as shall be appointed and established by Act of Parliament And that all Counties Palatine Mannors Lordships Castles Granges Messuages Mills Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parks Annuitiâ—s Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entrie Interests Titles of Entrie Conditions Commons Courts-Leete and Courts-Baron and all other Possessions and Herediments whatsoever of what nature or quality soever they be or wheresoever they lie or be other then Impropriations Parsonages Appropriats Tithes Oblations Obventions Pention Portions of Tithes Parsonages Vicarages Churches Chappâ—ls Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were of or belonging unto any Arch-Bishop Bishop Arch-bishâ—prick or Bishopâ—iâ—k or any of them or which they or any of them held or injoyâ—d in right of their said Arch-bishâ—prick or Bishoprick respectively shall by the authority of Parliament be vested adjudged and deemed to be and shall be in the very real and actuall possession and seisin of the Kings Majesty His Heires and Successors And shall have hold possesse and enioy the same to Him His Heires and Successors without any Entrie or other Act whatsoever and that the Kings Maiestic His Heires and Successors His and their Lessees Farmers and Tenants shall hold anâ—â—nâ—oy the same discharged and acquitted of payment of Tithes as fâ—eely and in as large ample and beneficiall meanes to all intents and purposes as any Arch-Bishop or Bâ—shop at any time or times within the space of two yeares last past held or injoyed or of right ought to have held or inioyed the same Provided neverthelesse and be it enacted by the authority aforesaid that all Leases Grants Guifts Letters Patents Conveyances Assurances or Estates whatsoever hereafter to be made by the Kings Maiestie His Heires or Successors of any the Mannors Lands Tenements Hereditaments which in or by this Act shall come or be limited or disposed of unto His Maiestie His Heires or Successors other then for the Terme of one and twenty yeares or three Lives or some other Terme of yeares determinable upon one two or three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearely Rent or more shall be reserved and payable yearely during the said Terme And whereof any former Lease is in being not to be expired surrendred or ended within three yeares after the making of any such new Lease shall be utterly voyd and of none effect to all intents constructions and purposes any clause or words of non obstante to be put in any such Patent Graunt Conveyance or Assurance and any Law Vsage Custome or any thing in this Act to the contrary in any wise notwithstanding And be it further Enacted and Ordained that all Impropriations Parsonages Appropriate Tithes Oblations Obventions Portions of Tithes Parsonages Vicaridges Churches Chappels Advowsons Nominations Collations rights of Patronage and Presentation which now are or lately were belonging unto any Arch-Bishop or Bishop Arch-bishoprick or Bishoprick And all Mannors Castles Lordships Granges Messuages Mills Lands Tenements Meadowes Pastures Woods Rents Reversions Services Parsonages Appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicaridges Churches Chappels Advowsons Nominations rights of Patronage and Presentation Parkes Arnuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entrie Interests Titles of Entire Conditions Commons Courts Leete and Courts Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be which now are or lately were of or belonging to any Sub-Deane Deane Deane and Chapter Arch-Deacon Chanter Chancellor Treasurer Sub Treasurer Succentor Sacrist Prebendary Cannon Cannon Residentiaâ—ie Petty-Cannon Vicars Chorall Choristers old Vicâ—rs and â—ew Vicars or any of them or any of the Officers of them or any of them which they held or inioyed in right of their said Dignities Churches Corporations Offices or Places respectively shall by Authority of this present Parliament be Vested Adjudged and deemed to be and shall be in the very reall and actuall Possession and Seisin of Sr William Roberts Knight Thomas Atkins Sr Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esquire Peter Malborne Esquire and they shall have hold possesse and enioy the same to them their Heires and Assignes without any Entrie or other Act whatsoever and that for themselves their Lessees Farmers and Tennants discharged and acquitted of payment of Tithes as freely and in as large ample and beneficiall manner to all Intents and Purposes as any of the Persons or Corporations whose offices or places are taken away by this Act at any time or times within the space of two yeares now last past held or enjoyed or of right ought to have held or enjoyed the same In trust and Confidence neverthelesse and to the intent and purpose that they the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wolâ—aston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peter Malborne Esqu and the Survivors and Survivor of them his and their heires Assignes shall satisfie
of the Scottish Foot and shall receive and obey the Orders and Instructions of the Commanders of the Scottish Army And that there shall be presently advanced the summe of twelve Hundred Pounds sterling for the Levying of a Troop of one hundred Horsemen in Scotland besides the Officers to be a Guard to the Generall of the Scottish Army Fifthly It is agreed That the Commanders and Souldiers of the Scottish Army shall have such Pay respectively as the Commanders and Souldiers of the English Army have according to a List presently agreed upon by the Commissioners of both Kingdomes As also that the Officers of that Army shall have such allowance for their Waggons as is contained in the said List Sixtly It is agreed That the Townes and Castle of Carickfergus and Colrayne shall be put into the hands of the Scottish Army to be places for their Magazines and Garrisons and to serve them for Retreat upon occasion And that the Magistrates and Inhabitants thereof shall be ordeyned to carry themselves to the Commanders of the said Army as is fitting and ordinary in such Cases And that the said Townes and Castle shall remain in the Scots hands untill the Warre shall end or that they shall be discharged of that service Like as the Commissioners for the Kingdom of Scotland do promise in the Puâ—lique Faith of that Kingdom to redeliver the said Townes and Castle to any having Commission from the King and Parliament of England as also the Commissioners for the Kingdom of England do promise in the name and on the Publique Faith of that Kingdom That Payment shall be made to the Kingdom of Scotland and their Army of all dues that shall arise upon this present Treaty and that when the Scottish Army imployed in the service of Ireland shall be discharged they shall be disbanded by Regiments and no lesser proportions and so may of them payed off as shall be disbanded and the residue kept in pay till they be disbanded Seventhly It is agreed that the Townes of Charickfergus and Colrayne shall by the Kingdom of England be with all expedition provided with Victualls necessary for Souldiers either in Garrisons or expeditions according to a List to be agreed on and Subscribed by the Commissioners of both Kingdoms And that such quantities thereof as the Scottish Army shall have occasion to use shall be sold unto them and bought by them at the severall Prices contained in the aforesaid List And also that the said Townes of Carickfergus and Colrayne shall be provided by the Kingdom of England with Powder Ball Match and other Ammunition for the service of the said Army conforme to the particular List to be condescended unto by both Commissioners and that Carts and Waggons shall be provided by the Kingdom of England for carrying of Ammunition for the use of the said Army in Marches As also that there shall be Gun-Smiths Carpenters and one or two Engineers appoynted to attend the Army and that hand Mils shall be provided to serve the Companies in Marches Eightly It is agreed that the Kingdom of England shall deposite two Thousand Pounds English money in the hands of any to be appoynted by the Scottish Commissioners to be disbursed upon accompt by warrant of the Generall of their Army upon Fortifications Intelligences and other Incidents so that there be not above the summe of two Thousand pounds in a yeare Imprested upon these occasions without particular and speciall warrant from the Parliament of England As also that there shall be deposited two Thousand and five hundred pounds English to be disbursed upon Accompt for the providing of a thousand Horses for the Carriage of the Artillery the Baggage and Victuall of their Army and for Dragooners upon occasion And likewise that the Scottish Army during the time of the Warre shall have power to take up such Horses in the Country as be necessary for the uses aforesaid Ninth It is agreed that the Inhabitants of the Townes and Villages in the Province of Vlster and in any other Province of Irâ—land where the Scottish Army shall be by it selfe for the time shall receive Orders from the Scottish Commanders And shall bring in Victualls for Money in an orderly way as shall be directed by them with Provision of Oates Hay and Strawe and such other Necessaries And that the Country People shall Rise and Concurre with the Scottish Troops when the Commanders thereof shall find it for the good of the Service and shall receive Orders and Directions from the said Commanders of the Scottish Army Tenth It is agreed that the said ten thousand men to be sent out of the Kingdom of Scotland shall goe in the way and order of an Army under their own Generall and Subalterne Officers And the Province of Vlster is appointed unto them wherein they shall first prosecute the Warre as in their Judgment they shall think most expedient for the honour of the King and Crowne of England And that the Commanders of the said Army shall have power to give Conditions to Townes Castles and Persons which shall render and submit themselves as shall be most expedient for the service according to the course of Warre Provided no Toleration of the Popish Religion be granted nor any condition made touching or concerning any of the Rebels Lands and that the Commanders â—f the Scottish Army shall be answerable for their whole deportment and proceedings to His Majesty and the two Houses of the Parliament of England only but shall from time to time give an accompt thereof to His Majesty the two Houses of the Parliament of England and to the Cheife Governour or Governours of Ireland for the time being that such Townes and Places as shall be recovered from the Rebels by the Scottish Army shall be at the disposing of the Commanders thereof during their aboade for that service in those parts where such Townes and Places are And if it shall be found for the good of the service that the Scottish Army shall joyne with the Kings Lievtenant of Ireland and his Army in that case the Generall of the Scottish Army shall only cede to the Kings Lievtenant of Ireland and receive in a free and honourable way Instructions from him or in his absence from the Lord Deputy or any other who shall have the Cheife Government of that Kingdome for the time by authority derived from the Crowne of England and shall precede all others and that he only shall give Orders to the Officers of his own Army And that the Armies shall have the right lefthand Vand and Reare Charge and Retreat successively and shall not mixe in Quarterings nor Marchings and when it shall be found fit to send Troopes out of either Army that the Persons to be sent out of the Scottish Army shall be Commanded out by their own Generall the Lievtenant of Ireland prescribing the number which shall not exceed the fourth part of the whole Foote of the Scottish Army nor of the
he had not absolutely denyed it to his last with more sense of Conscience in that particular then they who examined him expected it is likely whatsoever untruths reflecting upon Vs had bin forced from him had bin as others were published to Our disgrace And although they long questioned the credit and truth of those Letters of the Lords Iustices and Councell of Ireland notwithstanding one of them being directed to the Speaker of the House of Commons was received and communicated to the House and Ours was but a Duplicate thereof and Copies were delivered to them of both Letters which two of their Commissioners comâ—ared with our originalls and saw the names of all the Councell-subscribers as well as the two Lords Iustices some of which Councellors were of principall estimation with themselves and they might also have had Copies of their names who subscribed if they would have assured Our Commissioners that such of them as should have come into their Quarters should not have been prejudiced by it yet the extremity of Our poor English Subjects inducing that Cessation being so notorious and that attestation thereof undeniable they fall at last to confesse and avoyd them They say That some who were of the Councell when those Letters were written assure them that those Letters were written onely to presse for Supplies without any intention of inducing a Cessation neither doe the Letters conteine any mention of a Cessation It is true those Letters doe not nor was it alleadged they did mention any Cessation but they pressed for Supplies from hence and laid open their necessities to be such that it was apparent to any man as we had also private advices from some of the Councell there and of credit with those at Westminster that if Supplies failed there was no way for the preservation of Our good Subjects there but by a Cessation And these bleeding wants of Our Army and good Subjects there so earnestly calling for Reliefe and this Kingdome being then ingaged in the height of an unnaturall Warre Our Selves unable to supply them and no timely supply nor hopes of it comming from the two Houses what course lesse dishonourable for Vs or more for the good and safety of the poore English there could be taken then to admit of a Treaty for a Cessation which was managed by Our publique Ministers of State there and that Cessation assented unto as best for that Kingdome by the chiefe Officers of the Army and the Lords Iustices and Councell of Ireland before Our Approbation thereof They say That those necessities were made by a designe of the Popish and Prelaticall Party the Prelaticall Party must come in upon all turâ—es though none suffered more by the Irish Rebellion nor were lesse advantaged by the Cessation then those poore Prelates and that at this very time when the Protestants were in such Extremity Provisions sent thither by the Parliament for their reliefe were disposed of and afforded to the Rebels The Letters of the Lords Iustices and Councell tell us That no Provisions at all were sent by the Parliament and if they had not told it yet this being barely affirmed might as easily be denyed unlesse they had instanced in particular what Provisions were sent and how and when and by whom or to whom they were disposed But they say That at the same time the Officers of the Army and Garrisons pressing for leave to march into the Enemies Country to live upon them and save their owne stores some could not obteine leave to goe and those who were drawne forth had great quantities of Provisions out with them yet were not permitted to goe into the Enemies Country but kept neare Dublin till their Provisions were spent and then Commanded back againe They might remember at that time wherein they suppose this miscarriage the chiefe manage of those Affaires was in the hands of such Ministers of State whom they did and doe still relye upon but sure those Ministers are not to be blamed if they durst not suffer the Souldier to march farre or stay long in the Enemies Country when there was but forty Barrells of Powder in all the Store or if they called them back in such case when the Enemy approached Let such as these or what other pretences and excuses soever be made for not relieving Ireland we are sure the chiefe Impediment to it was their active promoting this Rebellion in England And therefore as they made use of the Supplies both of Men and Money provided for that Kingdome against Vs at Edge-hill so from the time of that Battaile some Supplies sent before which else perhaps had been also countermanded arriving in Ireland about the time or shortly after that Battaile they were so carefull of recruiting and supplying their Armies here that though they received much Monyes for Ireland and had at their disposall great store of Our Ammunition neither the one nor the other was ever after afforded to the English Army and Forces or to the Protestants about Dublin though the Cessation was not made till September following As for those Protestants in Munster Connaught and Vlster who they say opposed the Cessation and did and doe still subsist they were most of them of Our Scottish Subjects the rest excepting some few wrought upon by private interest or particular solicitation were such who being under their power were forced for their reliefe to concurre with them against it These indeed as they did not suffer under so great wants as the English at the time of the Cessation as is well knowne though it seem to be denied more speciall Provisions being made for them and for their Garrisons then for the English as doth in great part appeare even by the Articles of their Treaty of the sixth of August so they have since subsisted by Supplies sent from the two Houses whereof none were suffered to partake but such as take their new Covenant and doubly break the bonds of their obedience and duty both by taking that dangerous ensnaring Oath prohibited by God and their King and opposing Our Ministers of State there without whose Authority a Cessation being concluded during that Cessation they ought not to have continued a Warre in that Kingdome We easily believe the Provisions they mention are or may be sent for supply of those Forces as being a meanes to keep up a Party against Vs there and to have a Reserve of an Army ready upon any accidents of Warre to be drawne hither against Vs and being also necessary for the satisfaction of Our Scottish Subjects whom they must please who would not be so forward in their service without some good assurance such as is the having an Army of theirs kept on foot in Ireland at the charge of this Kingdome and two of our strongest Townes and Castles there delivered to them Cautionary Towns as we may beleeve Berwick also is being denyed the sight of that Treaty and by the Command of all the English Forces there by the