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A91130 The protestation taken by the commissioners of Cornwall and Devon, at Stone-house neare Plymouth, on the 5. of March. 1642. With their propositions, replies and answers. 1642 (1642) Wing P3872; Thomason E94_21; ESTC R9019 5,259 16

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works upon Bridges and Passages upon the Borders of both Counties wee assent to bee slighted for Armes and Ammunition taken or lent there shall bee satisfaction given except for such as have been taken in Warre or from delinquents against the Parliament To the sixth we say that all Forces of horse and foot cannot safely be disbanded during the stirre and warlike Motion of other counties bordering upon Devon and not upon Cornwall To the seventh we cannot assent in regard of our association with other counties which we resolve to observe as we doe with you To the eighth Article we fully agree for the Inhabitants of Devon and Cornwall and the city of Exon so as they goe with a retinue performed with their condition in a peaceable manner To the ninth wee also agree To the tenth we allow of this delivery of all Prisoners now within both these Counties and the City of Exeter of others wee have no power To the eleventh wee shall willingly joyne in a Petition to His Majesty and both Houses of Parliament for setling a peace throughout the whole Kingdome The replie of the Cornish Commissioners VVEe consent to any reasonable necessary alteration in the preamble if His Majesty and both Houses of Parliament send all Declarations you explaine to be any Act or Acts of Parliament wee are satisfied with your Answer otherwise if it be by the King alone or either or both Houses only we take it not sufficient to bind the Subject To the second and third wee have no cause to replie 4. Having granted the second we marvaile why you should seeme to deny the fourth being but a branch of the second and a part of Magna Charta the judgment whereof in point of alteration or declaration can be referred to none but an Act of Parliament To the fifth wee say that the fortifications and terrors of the neighbours against law and prejudiciall to the peace of the Counties wee desire to see the Act of Parliament and Charter you mention and those commands of His Majesty and to know whether His Majesties Forts be kept for His Majesties use for if otherwise His Majesty is dispossest of His right and the Charter's wrong'd for by the Law no such Fort or Castle can be kept against His Majesty wee doe not know that the Houses have any Authority any Towne without an Act of Parliament we conceive it not sufficient answer for the taking any mans goods and say he is a Delinquent against the Parliament except you shew what law he hath broken and likewise by the ordinary course of justice To the sixth as long as there is an Army in the County there can be no assurance of peace to either County and it is against the Law the peace of the Kingdome and the Oath of Allegiance for Subjects to be in Armes without authority derived from His Majesty By our dissent to the seventh you disable your selves to performe that now which you have taken for the peace of the Counties and impose us a necessity of retaining men at Arms amongst us which we desiring the peace of both Counties desire to be freed of and they are likewise willing to passe thorough your County without the disturbance of the peace thereof and paying for what they take and if by your Association you have so farre ingaged your selves as you cannot make a perfect peace with us wee conceive you therein brake your Protestation To the eighth and ninth wee take no exception To the tenth wee conceive there is more cause to demand such Prisoners as you have illegally taken sent away then for you to have such from us as have beene lawfully taken in battaile or otherwise offending the lawes To the eleventh if the peace of the Kingdome be not setled though wee heartily wish and pray for it yet wee desire for the peace of these two Counties that our conclusion may be confirmed by the King and both Houses of Parliament Replies to the Answers of Cornwall To the first wee doe willingly embrace the Answer to the first Proposition as wee apprehend it and if wee differ not in the exposition of some words and clauses wee shall fully agree To the second wee ●●ferre our selves to the Answer to the tenth Article To the third wee say that this Answer differs much from and comes farre short of your ninth Proposition To the fourth wee referre our selves to our Answer to the eighth Article To the fifth wee agree according to our Answer to the first Article To the sixth against this wee have nothing to replie Propositions made by the Commissioners of Devon to those of Cornwall I. THat a mutuall assurance be given that they will not invade each other but will unite against all invaders whatsoever of either and that all honest wayes and meanes shall be used to preserve the peace of both Counties and to revive the ancient affection which hath been betweene them and that what person soever under what pretence soever shall strive or endeavour to doe contrary hereunto shall be held an enemy unto both Counties II. That all Prisoners one both sides taken in and by occasion of the Warre in these Counties and now remaining in durance of either of these Counties be freely discharged and that no more be hereafter taken by vertue or colour of this Warre III. That there be a free discharge of all Ships and goods now detained in all and every the houses of these Counties and hence forth a free commerce and trade betweene them as in times past before these unhappy differences IV. That all the Gentlemen Ministers and others that have beene driven from or left their habitations in either of these Counties be permitted to returne in safety and not be molested nor troubled and the Ministers quietly to enjoy their places and go on in their ministery V. That the Sheriffes and Justices of peace in both Counties take care that no act of contempt reproach or scandall be done or suffered to be done in opposition or contempt of the King or this present Parliament or the booke of Common prayer contrary to their late Protestation taken by order of the Parliament and that if any Minister or other shall do contrary hereunto he shall be brought to just punishment VI. That to the utmost of our powers wee shall endeavour to maintaine the Protestant Religion and oppose all Papists and adherents THese Propositions with the Answers and Replies were discussed at Mount Edgcombe house adjacent on the farther side of Crimwell passage about two or three dayes after the taking of the foregoing solemn Protestation confirming their integrity by the receiving of the holy Sacrament at a place called Stonehouse halfe a miles distance from Plymouth Doctor Aaron Wilson preaching in the forenoone and one Master Jelinger in the afternoone but while they were thus labouring to unite these two disjoynted Counties Cornwall and Devon an unhappy accident intercepted their desires and abrupted their joyfull meeting that they could come to no agreement but adjourned their meeting at E●on● on Wednesday the 15. of March where the Cornish Commissioners according to their agreement repaired but beyond their expectation were prevented from their coming into the City by reason of a Petition presented to my Lord of Stamford by a company of zealous holy religious women That Petition being granted the place of meeting generally agreed one was at the signe of the Ship in Exbridge where the Commissioners on both sides sate about two dayes and debated the same Propositions but at last broke off and prorogued their meeting on Wednesday next at Stonehouse and on Thursday next to Mount Edgcombe house where I beseech God that they may come to a happy agreement and that they may settle these unhappy differences which if not timely prevented will be to the ruine of both these Counties God in his mercy prevent them The names of the Commissioners for Cornwall Sir Nicholas Flanning William Curriton William Scoone Pearce Edgcombe Francis Basset Charles Trenanian William Turteny John Ackland William Tothill There came hither of these but the foure first and the two last The names of the Devonshire Commissioners Baronet Northcot Baronet Bampfield Baronet Poole Sir Edmond Vowell Sir Nicholas Martyn Collonel Butter Captaine Carew Master Trefuses FINIS