as these instances as well as comparisons are odious 9. Lastly You mistake the Quaere in My first Paper to which this pretends to answer for my Question was not concerning force of Arguments for I never doubted the lawfulness of it but force â—f Arms to which I conceive it says little or nothing unless after My example you â—â—â—er Me to the former Section that which it doth is merely the asking of the question after a fine discourse of the several ways of perswading rather than forcing of Conscience I close up this Paper desiring you to take notice that there is none of these Sections but I could have inlarged to many more lines some to whole pages yet I chose to be thus brief knowing you will understand more by a word than others by a long discourse trusting likewise to your ingenuity that Reason epitomized will weigh as much with you as if it were at large June 22. 1646. C. R. VI. Mr Alexander Henderson's Third Paper For His MAJESTY Concerning the Authority of the Fathers and Practice of the Church July 2. 1646. HAving in my former Papers pressed the steps of Your Majesty's Propositions and finding by Your Majesty's last Paper Controversies to be multiplied I believe beyond Your Majesty's intentions in the beginning as concerning The Reforming Power The Reformation of the Church of England The difference betwixt a Bishop and a Presbyter The warrants of Presbyterian Government The Authority of Interpreting Scripture The taking and keeping of Publick Oaths The forcing of Conscience and many other inferiour and subordinate Questions which are Branches of those main Controversies all which in a satisfactory manner to determine in few words I leave to more presuming Spirits who either see no knots of Difficulties or can find a way rather to cut them asunder than to unloose them yet will I not use any Tergiversation nor do I decline to offer my humble Opinion with the Reasons thereof in their own time concerning each of them which in obedience to Your Majesty's Command I have begun to do already Only Sir by Your Majesty's favourable permission for the greater expedition and that the present velitations may be brought to some Issue I am bold to intreat that the Method may be a little altered and I may have leave now to begin at a Principle and that which should have been inter Praecognita I mean the Rule by which we are to proceed and to determine the present Controversy of Church-Policy without which we will be led into a labyrinth and want a thred to wind us out again In Your Majesty's First Paper the universal Custom of the Primitive Church is conceived to be the Rule in the Second Paper Section 5. the Practice of the Primitive Church and the universal Consent of the Fathers is made a convincing Argument when the Interpretation of Scripture is doubtful in your Third Paper Sect. 5. the Practice of the Primitive Church and the universal Consent of Fathers is made Judge And I know that nothing is more ordinary in this Question than to alledge Antiquity perpetual Succession universal Consent of the Fathers and the universal Practice of the Primitive Church according to the Rule of Augustine Quod universa tenet Ecclesia nec à Concilio institutum sed semper retentum est non nisi authoritate Apostolica traditum rectissimè creditur There is in this Argument at the first view so much appearance of Reason that it may much work upon a modest mind yet being well examined and rightly weighed it will be found to be of no great weight for beside that the Minor will never be made good in the behalf of a Diocesan Bishop having sole power of Ordination and Jurisdiction there being a multitude of Fathers who maintain that Bishop and Presbyter are of one and the same Order I shall humbly offer some few Considerations about the Major because it hath been an Inlet to many dangerous Errours and hath proved a mighty hinderance and obstruction to Reformation of Religion 1. I desire it may be considered that whiles some make two Rules for defining Controversies the Word of God and Antiquity which they will have to be received with equal veneration or as the Papists call them Canonical Authority and Catholical Tradition and others make Scripture to be the only Rule and Antiquity the authentick Interpreter the latter of the two seems to me to be the greater Errour because the first setteth up a parallel in the same degree with Scripture but this would create a Superiour in a higher degree above Scripture For the interpretation of the Fathers shall be the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and accounted the very Cause and Reason for which we conceive and believe such a place of Scripture to have such a sense and thus men shall have dominion over our Faith against 2 Cor. 1. 24. Our faith shall stand in the wisdom of man and not in the power of God 1 Cor. 2. 5. and Scripture shall be of private interpretation For the Prophecy came not of old by the will of man 2 Pet. 1. 20 22. Nisi homini Deus placuerit Deus non erit Homo jam Deo propitius esse debebit saith Tertullian 2. That Scripture cannot be Authentically interpreted but by Scripture is manifest from Scripture The Levites gave the sense of the Law by no other means but by Scripture it self Neh. 8. 8. Our Saviour for example to us gave the true sense of Scripture against the depravations of Satan by comparing Scripture with Scripture and not by alledging any Testimonies out of the Rabbins Matt. 4. And the Apostles in their Epistles used no other help but the diligent comparing of Prophetical writings like as the Apostle Peter will have us to compare the clearer light of the Apostles with the more obscure light of the Prophets 2 Pet. 1. 19. And when we betake our selves to the Fathers we have need to take heed that with the Papists we accuse not the Scriptures of Obscurity or Imperfection 3. The Fathers themselves as they are cited by Protestant Writers hold this Conclusion That Scripture is not to be interpreted but by Scripture it self To this purpose amongst many other Testimonies they bring the saying of Tertullian Surge Veritas ipsa Scripturas tuas interpretare quam Consuetudo non novit nam si nosset non esset if it knew Scripture it would be ashamed of it self and cease to be any more 4. That some Errours have been received and continued for a long time in the Church The Errour of Free-will beginning at Justin Martyr continued till the time of Reformation although it was rejected by Augustine as the Divine Right of Episcopacy was opposed by others The Errour about the Vision of God That the Souls of the Saints departed see not the face of God till the Judgment of the Great Day was held by universal Consent The same may be said of the Errour of the Millenaries and which more nearly
no question but there are always some flattering fools that can commend nothing but with hyperbolick expressions and you know that supposito quolibet sequitur quidlibet besides do you think that albeit some ignorant Fellows should attribute more power to Presbyters than is really due unto them that thereby their Just reverence and Authority is diminished So I see no reason why I may not safely maintain that the Interpretation of Fathers is a most excellent strengthning to My Opinion though others should attribute the Cause and Reason of their Faith unto it 2. As there is no question but that Scripture is far the best Interpreter of it self so I see nothing in this negatively proved to exclude any other notwithstanding your positive affirmation 3. Nor in the next for I hope you will not be the first to condemn your self Me and innumerable others who yet unblameably have not tied themselves to this Rule 4. If this you only intend to prove that Errours were always breeding in the Church I shall not deny it yet that makes little as I conceive to your purpose But if your meaning be to accuse the Universal practice of the Church with Errour I must say it is a very bold undertaking and if you cannot justifie your self by clear places in Scripture much to be blamed wherein you must not alledge that to be universally received which was not as I dare say that the Controversie about Free-will was never yet decided by Oecumenical or General Council nor must you presume to call that an Errour which really the Catholick Church maintained as in Rites of Baptism Forms of Prayer Observation of Feasts Fasts c. except you can prove it so by the Word of God and it is not enough to say that such a thing was not warranted by the Apostles but you must prove by their Doctrine that such a thing was unlawful or else the Practice of the Church is warrant enough for Me to follow and obey that Custom whatsoever it be and think it good and I shall believe that the Apostles Creed was made by them such Reverence I bear to the Churches Tradition untill other Authors be certainly found out 5. I was taught that de posse ad esse was no good Argument and indeed to Me it is incredible that any custom of the Catholick Church was erroneous which was not contradicted by Orthodox learned Men in the times of their first Practice as is easily perceived that all those Defections were some of them may be justly called Rebellions which you mention 6. I deny it is impossible though I confess it difficult to come to the knowledge of the Universal Consent and Practice of the Primitive Church therefore I confess a man ought to be careful how to believe things of this nature wherefore I conceive this to be only an Argument for Caution My conclusion is that albeit I never esteemed any Authority equal to the Scriptures yet I do think the Unanimous Consent of the Fathers and the Universal Practice of the Primitive Church to be the best and most Authentical Interpreters of God's Word and consequently the fittest Judges between Me and you when we differ until you shall find Me better For example I think you for the present the best Preacher in Newcastle yet I believe you may err and possibly a better Preacher may come but till then I must retain my Opinion Newcastle July 16. 1646. C. R. His MAJESTY's Quaere concerning Easter propounded to the Parliaments Commissioners at Holdenby April 23. 1647. I desire to be resolved of this Question Why the new Reformers discharge the keeping of Easter The Reason for this Quaere is I Conceive the Celebration of this Feast was instituted by the same Authority which changed the Jewish Sabbath into the Lord's Day or Sunday for it will not be found in Scripture where Saturday is discharged to be kept or turned into the Sunday wherefore it must be the Churches Authority that changed the one and instituted the other Therefore My Opinion is that those who will not keep this Feast may as well return to the observation of Saturday and refuse the weekly Sunday When any body can shew Me that herein I am in an errour I shall not be ashamed to confess and amend it till when you know my mind C. R. His MAJESTY's First Paper concerning Episcopacy At the Treaty at NEWPORT October 2. 1648. CHARLES R. I Conceive that Episcopal Government is most consonant to the Word of God and of an Apostolical institution as it appears by the Scripture to have been practised by the Apostles themselves and by them committed and derived to particular persons as their Substitutes or Successors therein as for ordaining Presbyters and Deacons giving Rules concerning Christian Discipline and exercising Censures over Presbyters and others and hath ever since to these last times been exercised by Bishops in all the Churches of Christ and therefore I cannot in Conscience consent to abolish the said Government Notwithstanding this my perswasion I shall be glad to be informed if our Saviour and the Apostles did so leave the Church at liberty as they might totally alter or change the Church-Government at their pleasure Which if you can make appear to Me then I will confess that one of my great Scruples is clean taken away And then there only remains That being by my Coronation-Oath obliged to maintain Episcopal Government as I found it setled to my hands Whether I may consent to the abolishing thereof until the same shall be evidenced to Me to be contrary to the Word of God Newport October 2. 1648. PRAYERS Used by His MAJESTY in the time of His Troubles and Restraint I. A Prayer used by His MAJESTY at His entrance in state into the Cathedral Church of Excester after the defeat of the Earl of Essex in Cornwal O Most glorious Lord God Father Son and Holy Ghost I here humbly adore thy most Sacred Majesty and I bless and magnifie thy Name for that Thou hast been pleased so often and so strangely to deliver Me from the strivings of my People Father forgive them who have thus risen up against Me and do Thou yet turn their hearts both unto Thee and to Me that I being firmly established in the Throne Thou hast placed Me in I may defend Thy Church committed to My care and keep all this Thine and My People in Truth and Peace through Jesus Christ our Lord. Amen II. A Prayer drawn by His MAJESTY's special direction and dictates for a Blessing on the Treaty at Uxbridge O Most merciful Father Lord God of Peace and Truth we a People sorely afflicted by the scourge of an unnatural War do here earnestly beseech Thee to command a Blessing from Heaven upon this present Treaty begun for the establishment of an happy Peace Soften the most obdurate hearts with a true Christian desire of saving those mens blood for whom Christ himself
for their persons for no other cause but because they had Petitions depending in that House and which is more strange they resolved that a Signification should be made from that House by a Letter to issue under the hand of their Speaker unto the Lord Keeper of Our Great Seal that no Attachments should be granted out against the said Chambers Fowkes Gilman or Philips during their said Priviledge of Parliament whereas it is far above the power of that House to give direction to any of Our Courts at Westminster to stop Attachments against any man though never so strongly priviledged the breach of priviledge being not in the Court that grants but in the party or Minister that puts in execution such Attachments And therefore if any such Letter had come to the Lord Keeper as it did not he should have highly offended Us if he had obeyed it Nay they went so far as they spared not the Honour of Our Council-board but examined their proceedings in the case of Our Customers interrogating what this or that man of Our Council said in direction of them in the business committed to their charge And when one of the members of that House speaking of Our Counsellers said We had wicked Counsel and another said That the Council and Judges sought to trample under feet the Liberty of the Subject and a third traduced Our high Court of Star-Chamber for the sentence given against Savage they passed without check or censure by the House By which may appear how far the members of that House have of late swollen beyond the rules of moderation and the modesty of former times and this under pretence of priviledge and freedom of speech whereby they take liberty to declare against all authority of Council and Courts at their pleasure They sent for Our Sheriff of London to examine him in a cause whereof they had no jurisdiction their true and ancient jurisdiction extending only to their own Members and to the conservation of their Priviledges and not to the censure of forein persons and causes which have no relation to their Priviledges the same being but a late Innovation And yet upon an enforced strain of a contempt for not answering to their satisfaction they committed him to the Tower of London using that outward pretext for a cause of their committing him the true and inward cause being for that he had shewed himself dutiful to Us and Our Commandments in the matter concerning Our Customs In these Innovations which We will never permit again they pretended indeed Our service but their drift was to break by this means through all respects and ligaments of Government and to erect an universal overswaying power to themselves which belongs only to Us and not to them Lastly in their proceedings against Our Customers they went about to censure them as Delinquents and to punish them for staying some goods of some factious Merchants in Our Store-house for not paying those duties which themselves had formerly payed and which the Customers without interruption had received of all other Merchants many years before and to which they were authorized both by Our great Seal and by several directions and commandments from Us and Our Privy Council To give some colour to their proceedings herein they went about to create a new Priviledge which We will never admit That a Parliament-man hath priviledge for his goods against the King the consequence whereof would be that he may not be constrained to pay any duties to the King during the time of Priviledge of Parliament It is true they would have made this case to have been between the Merchant and Our Farmers of Our Custom and have severed them from Our Interest and Commandment thereby the rather to make them liable to the censure and punishment of that House But on the other side We holding it both unjust and dishonourable to withdraw Our self from Our Officers in any thing they did by Our Commandment or to disavow any thing that We had enjoyned to be done upon Monday the three and twentieth day of February sent a Message unto them by Secretary Coke thanking them for the respect they had shewed in severing the Interest of Our Farmers from Our own Interest and Commandment nevertheless We were bound in Honour to acknowledge as truth that what was done by them was done by Our express direction and commandment and if for doing thereof Our Farmers should suffer it would highly concern Us in Honour Which Message was no sooner delivered unto them but in a tumultuous and discontented manner they called Adjourn Adjourn and thereupon without any cause given on Our part in a very unusual manner adjourned themselves until the Wednesday following on which day by the uniform advice of Our Privy Council We caused both Houses to be adjourned until the second day of March hoping that in the mean time a better and more right understanding might be begotten between Us and the members of that House whereby the Parliament might come to an happy issue But understanding by good advertisement that their discontent did not in that time digest and pass away We resolved to make a second Adjournment until the tenth of March which was done as well to take time to Our self to think of some means to accommodate those difficulties as to give them time to advise better and accordingly We gave commandment for a second Adjournment in both Houses and for cessation of all businesses till the day appointed Which was very dutifully obeyed in the Higher House no man contradicting or questioning it But when the same commandment was delivered in the House of Commons by their Speaker it was straightways contradicted and although the Speaker declared unto them it was an absolute Right and power in Us to adjourn as well as to prorogue or dissolve and declared and read unto them divers precedents of that House to warrant the same yet Our commandment was most contemptuously disobeyed and some rising up to speak saying they had business to do before the House should be adjourned the Speaker again declared Our express and peremptory command to adjourn and that himself should presently leave the House and come unto Us which he offered to do but was withstood by two that had of purpose placed themselves one on either side of the Speaker's Chair and by force held him in for a time yet the Speaker finding means to get out of the Chair and purposing to come to Us as We had commanded those two and divers others caught hold of him and by strong hand brought him back and set him in the Chair against his will and then a member of that House cast out a most seditious paper framed by himself and his Adherents without any warrant from the House and containing a proscription of such as in duty and obedience to Us should advise or assist Us in the receipt of Tonnage and Poundage or should pay that duty as Enemies to the State and required
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
they please to call it of the tenth of June will surely believe the Peace of this Kingdom to be extreamly shaken and at least the King himself to be consulted with and privy to these Propositions But We hope that when Our good Subjects shall find that this goodly pretence of the Defence of the King is but a specious bait to seduce weak and inconsiderate men into the highest Acts of Disobedience and Disloyalty against Us and of Violence and Destruction upon the Laws and Constitutions of the Kingdom they will no longer be captivated by an implicite Reverence to the name of both Houses of Parliament but will carefully examine and consider what number of persons are present and what persons are prevalent in those Consultations and how the Debates are probably managed from whence such horrid and monstrous Conclusions do result and will at least weigh the Reputation Wisdom and Affection of those who are notoriously known out of the very horrour of their Proceedings to have withdrawn themselves or by their skill and violence to be driven from them and their Counsels Whilst their Fears and Jealousies did arise or were infused into the people from Discourses of the Rebels in Ireland of Skippers at Roterdam of Forces from Denmark France or Spain how improbable and ridiculous soever that bundle of Informations appeared to all wise and knowing men it is no wonder if the easiness to deceive and the willingness to be deceived did prevail over many of Our weak Subjects to believe that the Dangers which they did not see might proceed from Causes which they did not understand But for them to declare to all the world That We intend to make War against Our Parliament whilest We sit still complaining to God Almighty of the Injury offered to Us and to the very Being of Parliaments and that We have already begun actually to levy Forces both of Horse and Foot whilest We have only in a Legal way provided a smaller Guard for the security of Our own Person so near a Rebellion at Hull than they have had without lawful Authority above these eight Months upon imaginary and impossible Dangers to impose upon Our peoples Sense as well as Understanding by telling them We are doing that which they see We are not doing and intending that they all know as much as Intentions can be known We are not intending is a boldness agreeable to no power but the Omnipotence of those Votes whose absolute Supremacy hath almost brought Confusion upon King and People and against which no Knowledge in matter of Fact or Consent and Authority in matter of Law they will endure shall be opposed We have upon all occasions with all possible Expressions professed Our fast and unshaken Resolutions for Peace And We do again in the presence of Almighty God Our Maker and Redeemer assure the World that We have no more thought of making a War against Our Parliament than against Our own Children that We will maintain and observe the Acts assented to by Us this Parliament without Violation of which that for the frequent assembling of Parliaments is one and that We have not or shall not have any thought of using any force unless We shall be driven to it for the security of Our Person and for the defence of the Religion Laws and Liberty of the Kingdom and the just Rights and Privileges of Parliament And therefore We hope the Malignant Party who have so much despised Our Person and usurped Our Office shall not by their specious fraudulent insinuations prevail with Our good Subjects to give credit to their wicked Assertions and so to contribute their Power and Assistance for the ruine and destruction of Us and themselves For Our Guard about Our Person which not so much their Example as their Provocation inforced Us to take 't is known it consists of the prime Gentry in Fortune and Reputation of this County and of one Regiment of Our Trained Bands who have been so far from offering any Affronts Injuries or Disturbance to any of Our good Subjects that their principal end is to prevent such and so may be Security can be no Grievance to our People That some ill affected persons or any persons have been employed in other parts to raise Troops under colour of Our Service or have made large or any offers of Reward and Preferment to such as will come in is for ought We know and as We believe an Untruth devised by the Contrivers of this false Rumour We disavow it and are confident there will be no need of such Art or Industry to induce Our loving Subjects when they shall see Us oppressed and their Liberties and Laws confounded and till then We shall not call on them to come in to Us and to assist Us. For the Delinquents whom We are said with a high and forcible hand to protect let them be named and their Delinquency and if We give not satisfaction to Justice when We shall have received satisfaction concerning Sir John Hotham by his legal Trial then let Us be blamed But if the Design be as it is well known to be after We have been driven by force from Our City of London and kept by force from Our Town of Hull to protect all those who are Delinquents against Us and to make all those Delinquents who attend on Us or execute Our lawful Commands We have great reason to be satisfied in the Truth and Justice of such Accusation lest to be Our Servant and to be a Delinquent grow to be terms so convertible that in a short time We be left as naked in Attendance as they would have Us in Power and so compel Us to be waited on only by such whom they shall appoint and allow and in whose presence We should be more miserably alone than in Desolation it self And if the seditious Contrivers and Fomenters of this Scandal upon Us shall have as they have had the power to mis-lead the major part present of either or both Houses to make such Orders and send such Messages and Messengers as they have lately done for the apprehension of the great Earls and Barons of England as if they were Rogues or Felons and whereby Persons of Honour and Quality are made Delinquents merely for attending upon Us and upon Our Summons whilst other men are forbid to come near Us though obliged by the Duty of their Places and Oaths upon Our lawful Commands 't is no wonder if such Messengers are not very well intreated and such Orders not obeyed Neither can there be a surer and a cunninger way found out to render the Authority of both Houses scorned and vilified than to assume to themselves merely upon the Authority of the Name of Parliament a power monstrous to all Understandings and to do Actions and to make Orders evidently and demonstrably contrary to all known Law and Reason as to take up Arms against Us under colour of defending Us to cause Money to be brought in to
they alledged by evil Counsellors did raise Forces and by them mastered their Adversaries in that Parliament such as it was for it was held and kept with force how good use soever hath been made of the Precedents therein they procured a special Act of Pardon for their raising of Men and that those Assemblies should not be drawn into example for the time to come And as no Man can levy War or raise Forces without the King so much less against the personal Commands of the King opposed thereunto For by the Statute of the 25. year of King Edward the Third which is but declaratory of the old Law in that point it is Treason to levy War against the King in His Realm Within the construction of which Statute it is true which was said in the late Declaration under the name of both Houses of Parliament of the 26. of May last levying War in some sense against the King's Authority though not intended against His Person is levying War against the King And therefore the raising of Forces though upon pretence of removing of some evil Counsellors from about the Queen hath been adjudged Treason in the Case of the late Earl of Essex in the Reign of Queen Elizabeth and in divers other Cases And We wish all Our Subjects to consider whether if Men shall be raised contrary to Our Proclamation and against Our Will it be not against Our Authority But it is as true and was never denied but in that Declaration that the raising of Forces against the King's personal Command being no Ideot nor Infant uncapable of understanding to Command being accompanied with His Presence is and is most properly levying of War against the King For if it be a sufficient pretence for raising of Men against the King's Person that it is for the defence of the King's Authority and of His Kingdom though against His express Command and Proclamation the Irish Rebels will have colour for their horrid Rebellion for they say though it be notoriously false it is for the defence of the King's Authority and of His Kingdom And Wat Tyler and Jack Cade and Kett the Tanner wanted not publick Pretences which were perhaps just causes of Complaints though not of raising of Men. And though these persons have gone about subtilly to distinguish betwixt Our Person and Our Authority as if because Our Authority may be where Our Person is not that therefore Our Person may be where Our Authority is not We require all Our good Subjects to take notice of the Law which is in print and full force That their Allegiance is due unto the natural Person of their Prince and not to His Crown or Kingdom distinct from His natural Capacity and that by the Oath of Ligeance at the Common Law which all persons above the age of twelve years are or ought to be sworn unto they are bound to be true and faithful not to the King only as King but to Our Person as King CHARLES and to bear Us truth and faith of Life and Member and earthly Honour and that they shall neither know nor hear of any ill or damage intended to Us that they shall not defend And that when in the time of King Edward the Second Hugh Spencer being discontented with the King caused a Bill to be written wherein was contained amongst other things That Homage and the Oath of Allegiance was more by reason of the King's Crown that is His Kingdom than of His Person and that seeing the King cannot be reformed by suit of Law if the King will not redress and put away that which is ill for the Common People and hurtful to the Crown that the thing ought to be put away by force and that His Lieges be bound to Govern in aid of Him and in default of Him he was condemned for it by two Parliaments and perpetually banished the Kingdom We have made mention of these Cases not so much to clear Our Right that We alone have the power of raising Forces and none of Our Subjects either in Parliament or out of Parliament against Our Will or personal Command which We think no Man that hath the least knowledge in Our Laws and is not led away by private Interests and may speak his mind freely will deny nor was ever questioned in any Parliament before this time as to let them see how dangerous the effect and consequence of raising of Forces without Us may be unto Us and to the Commonwealth under pretence of Defence of both And though We cannot doubt of the Affections of Our good Subjects considering their Interest is involved with Ours and how precious the Peace of the Kingdom is and ought to be unto them and that according to the words of the Statute of the eleventh year of King Henry the Seventh and the eighteenth Chapter by the duty of their Allegiance they are bounden to serve and assist Us at all seasons when need shall require Yet to the end that Our good Subjects may know what their Duty is and what We expect from them and that all others who through Malice or private Interests shall be transported beyond their Duties may be left without excuse We do therefore by this Our Proclamation charge and command all Our Subjects upon their Allegiance and as they tender Our Honour and Safety and the Peace and Safety of the Kingdom that they presume not to raise or levy any Horses Horsmen or Arms or any Forces whatsoever by colour of any Authority whatsoever without Our express pleasure signified under Our great Seal other than such as shall be raised levied and imprested by the Order as well of Our Self as of both Houses of Parliament according to an Act made this Sessions intituled An Act for the better raising and levying of Soldiers for the present defence of the Kingdoms of England and Ireland by Justices of Peace and otherwise in such manner as is prescribed in the said Act or Contribute or give any Assistance in Money Plate finding of Horses Horsmen or Arms or any other ways to or for any such Preparation Levie or Forces And that such of Our good Subjects who through Ignorance have been mis-led to consent or subscribe to any such Levie Contribution or Assistance forthwith upon publication of this Our Proclamation desist from continuing such their Contribution or Assistance or giving any countenance to any such Levies at their utmost perils And We do likewise streightly charge and command as well all Our Sheriffs Justices of Peace Mayors Balliffs Constables and all other Our Officers whatsoever that they use their utmost endeavours as well for publishing this Our Proclamation as for the suppressing of all Levies or Forces raised or to be raised without or against Our consent as also all other Our loving Subjects that they be attending aiding and assisting Our said Officers and Ministers therein as they and every of them will answer it at their utmost perils Given at Our Court at York
hath great reason to press that mutual and universal Freedom to all His good Subjects may be granted Otherwise He must either permit that Licence to His Army to seize the goods of His People in their passage to London and to interrupt and break the Trade and Correspondence of the Kingdom which both out of publick consideration and private compassion His Majesty is most averse from or else must grant that evident Benefit and Advantage to those who deny the same to Him and to His People for His sake And it cannot be denyed but this Freedom is so very beneficial to His Subjects and so wholly considerable to His Majesty under that Notion that their very subsistence depends upon it and by this means Trade may be continued which if a little more suppressed by these Distractions will not be easily recovered even by a settled Peace His Majesty believes that some Carriers have been robbed by His Majesty's Souldiers But 't is as true that no Complaint hath been made to Him of that kind which He hath not received to the relief and reparation of the Petitioners And 't is therefore His desire that both Houses would joyn with Him at least during the Cessation that there might be no more such Violences and interruptions offered to His good Subjects by either side For the embarquing the Merchants Goods in Forein parts His Majesty denys that any endeavour hath yet been made by His Ministers of State to that purpose But 't is true His Majesty hath declared His Resolution which He shall pursue that such persons who absolve themselves from their Obedience to Him and assist or consent to actions of Disloyalty to Him here shall be deprived of those advantages and must not expect that Protection from Him abroad which is due and which He always hath and will allow to His good Subjects And this is not to make other Princes Arbiters of the Differences betwixt His Majesty and His People but to use the mutual Amity and Correspondence with other Princes for the maintenance and support of that Dignity for which it is made and entred into II. His Majesty did not demand the approving of the Commanders of Ships only witli reference to His present Right for then He would have demanded not the approbation of the Commanders but the Ships themselves but this Demand was and is a thing most necessary for His Majesty for the setting out the present Fleet is pretended to be for the defence of His Majesties Dominions and which cannot conveniently suffer any alteration in Commanders if the Cessation and Peace should be fully and speedily agreed upon and therefore 't is most necessary for His Majesty both to know the Designs and to approve of the Commanders who will not be so fit to be altered when once they are sent out His Majesty cannot see how a Cessation at Sea between His Majesty and His Subjects should leave the Kingdom naked to Forein Forces a continuance of War may well do it And His Majesty is willing to concurr in the resistance of all such of what kind soever and expects that during the Cessation the conveying of all Forces from one part to another by Sea for the assistance of the Earl of Essex be restrained which both Houses seem now to consent to which was not at all expressed in their former Articles III. His Majesty's opinion how unfit it was to Treat in blood sufficiently appears this debate concerning a Cessation arising first from His Majesty's motion it being left out in the Answer to His Message for a Treaty In order to which He had and hath great reason to desire that the Committee may have Liberty to debate and conclude any differences and expressions in the Articles of the Cessation that the same may be reconciled and removed without remitting all questions to London For as those now consented to might in much less time have been agreed here if there had been that liberty so there can hardly be a right and clear understanding of intentions without expounding of words and knowing the meaning from each other as in the Consent which His Majesty now understands to be given by both Houses that no Forces shall during the Cessation be sent by Sea for the relief of any place now held by them the expression is not so clear but referreth to Articles in which if it was not comprised before as His Majesty doth not conceive it was no alteration is made by what now seems to be consented to and the liberty which to all understandings may seem to be given by removing out of one Quarter to another within the Precincts proposed is not yet so demonstrable the Committee having no power to answer what they understand in that point which is most necessary to be known that the Peace be not broken during that Cessation And His Majesty wonders that it should be thought unsafe or unfit to give such a conclusive power of such Differences and Doubts to the Committee here when 't is notoriously known that the very Liberty and Property of the Subject is committed not only to other Committees of the Houses without reporting to the Houses but to persons who are employed by them uninterested in and unacquainted with the Directions of either or both Houses IV. It was no part of His Majesty's intention that His Article against Imprisonment of his Subjects otherwise than according to the known Laws of the Land should extend to the destruction of the Military Discipline of either Army But this is a very sufficient instance of the necessity of enabling some persons to conclude upon these Articles without which through inanimadvertence or doubtfulness in the expressions they who are nearest of a mind will hardly ever come to conclude if every Punctilio must be forced to be sent forwards and backwards a hundred miles and if this authority had been given to the Committee here as for such causes was desired a limitation of half a dozen words which would have been as soon agreed to as proposed would have saved most of this fourth Reason And he that desires any thing necessary to the speed of this Cessation gives a good argument of desiring the Cessation it self and whoever is averse to the one can hardly be thought inclinable to the other But such of His Subjects as are not concerned in the discipline of the Army are not concerned in this Objection and His Majesty hath reason to insist that the same liberty may be restored to them in which they were born and the care and defence of which is so much and so meerly pretended by those who deny it to them V. Though it grieves His Majesty to the Soul to see the present miserable condition of His Subjects groaning under so many visible Pressures because of an invisible Necessity and plundered and imprisoned to maintain such a defensive War as was begun to be raised against Him before His Majesty had granted one Commission to raise a man
yet He cannot but be pleased with the ingenuity of this confession that the implicite faith of His seduced Subjects begins to wear out so fast that the authority of Declaring new unknown Fundamental Laws doth not now so work with them to believe that these Taxes are laid according to the Laws of God and Man nor the many pretences of imminent Dangers and inevitable ruine of their Religion Laws and Liberties so perswade them to believe this Cause to be the Cause of the Kingdom but that if their Cause Authority and Eloquence were not assisted by force and Rapine their Army must needs be dissolved for want of being thought fit much less necessary to be pay'd by those who have equal right to judge of the Necessity and Danger and for whose sakes interests and concernments only it was pretended to be raised and who are defended by it against their wills Nor is it strange that His Majesty cannot receive these Charges upon Him as a reason to make Him contented and acquiesce with these Injuries to His Subjects or that they who saw His Majesties condition the last year till continued Violence against Him opened the eyes and hearts of His Subjects to His assistance should not believe that He began that War which they saw Him so unlikely to resist or that they who could never find nor hear from them who use not too modestly to conceal what is for their advantage that from the beginning of the world to this present Parliament ever one man was raised before by Commission from both Houses should not believe the raising of that their Army to be so warranted as is pretended and any more approve of their Law than of their Necessity or that they who know that His Majesty in whom the power of making War and Peace was never denyed to be till these new Doctrines which make it unlawful for Him to do any thing and lawful to do any thing against Him were of late discovered though he can legally raise an Army is not allowed to be legally able to raise money to maintain it will not allow of the Argument from the power of Raising to the power of Taxing and are as little satisfied with their Logick as with their Law and extreamly troubled to pay an Army they do not desire for a Necessity they cannot see by a Law they never heard of and that other men without their consent must be jealous fearful and quicksighted at their Charges and they have great reason to be apt to suspect that those made most haste to make a War and have least desire of making Peace who in time of War pretend their legal power to be so vastly inlarged His Majesty therefore hath great reason to insist that no Violence or Plundering be offered to His Subjects for not submitting to the illegal Taxes of one or both Houses which in it self is equal His Majesty being willing to be obliged from the like course and relying wholly upon the known Justice of His Cause and the Affection of His People and in which if the Kingdom be of their mind and believe the Cause of the contrary Army to be really their own the advantage will be wholly theirs and this Judgment will be best given when the People is left to their liberty in this decision His Majesty's real desire of disbanding the Armies may fully appear by His often seeking and earnest endeavours to continue and conclude this Treaty in order to that disbanding VI. His Majesty leaves their Preamble to all the world to consider and to judge whether any man by their saying they were ready to agree to His Majesty's Articles in the manner as was exprest would not have expected to have found after that expression that they had agreed at least to some one thing material in them and had not only meant by agreeing as was exprest to express they would not agree at all For the Clause of Communication of Quarters so quietly left out His Majesty looks upon it as of most infinite importance the leaving out of that having discomposed the whole many things having in the rest been assented to which were therefore only yielded because the Inconveniences growing by these Clauses if they were alone were salved by that Addition and some things in the other very dark and doubtful were by that interpreted and cleared And His Majesty is sufficiently informed how highly it concerns Him that every thing be so clear that after no differences may arise upon any disputable point since they whose Union Industry Subtilty and Malice could perswade any of His People that in the business of Brainceford He had broken a Cessation before any was made or offered would have a much easier work to lay the breach of a made Cessation to His Majesty's charge if the ground of that Breach would bear the least dispute His Majesty doth agree that to preserve things in the same state on both sides with as little advantage or disadvantage to either as the matter will possibly bear is truly the nature of a Cessation and is willing this Principle should be made the Rule and never intended any thing that should contradict it but cannot see the inequality in this which is pretended For could Sir Ralph Hopton and the Earl of Newcastle come by this means to the King and not the Earl of Stamford and Lord Fairfax to the Earl of Essex Nor can His Majesty find any stronger Passes or Forces to hinder His Armies from joyning with Him than hinders theirs from joyning with them If the Forces be unequal theirs will hardly hinder the passage of His without a Cessation if they be equal their coming in time of Cessation will be of equal use and advantage to their side somewhat in point of Supplies to come with them excepted and some advantage to one side will be poize it how you will But on the other side if this clause be not in how much greater is the disadvantage the other way by some Clauses and how are His Forces principally the Earl of Newcastle's cooped up in old and eaten-up Quarters or necessitated to retire to such as are more barren and more eaten So that if this were yielded to under the disguise of a Cessation He must admit that which will much endanger the dissolving of the Army and destruction of the Cause which is such a disadvantage as is against the nature of a Cessation formerly agreed and stated Notwithstanding all this His Majesty to shew His extraordinary and abundant desire of Peace and to prevent the effusion of blood is contented if both Houses shall refuse to consent to His Propositions which are so much for the benefit and advancement of the publick Trade and advantage of His good Subjects to admit a Cessation upon the matter of their own Articles excepting that liberty be given to the Committee to word it according to the real meaning and intention and that the remove of Quarters within their own bounds which
lastly after having lived so many years in the most glorious and most unblemished Church of Christendom the total defacing and pulling down the whole Fabrick of it censuring and reproaching the Doctrine and destroying the Discipline and as if we were cast ashore in some uninhabited Climate where the Elements of Christianity were not known the calling without the least shadow or colour of Law or Lawful Authority against His Majesty's express Consent manifestly against the Statute of 25 th year of King Henry the Eighth an assembly of Divines composed of some Noblemen Gentlemen and Ministers all under the style of Godly and Learned Divines most of which are not otherwise known than by their Schism and Separation from that Church in which they were born and to which they have subscribed and these Men now must new-make and mould the Religion by which we must all be saved God in his good time we hope will vindicate his own Cause and repair the breaches which have been lately made For the Laws of the Land and the Liberty of the Subject so speciously urged and pretended to be the end of those who have disturbed our Peace we need say little every place and every person is an ample evidence and testimony of the bold and avowed violation of either The Charter of our Liberties Magna Charta so industriously and Religiously preserved by our Ancestors and above Thirty several times confirmed in Parliament that Rampire and Bulwark of all the precious Privileges and Immunities which the Subjects of this Kingdom could boast of and which distinguishes them from all the Subjects of Christendom is levelled and trampled under foot scorned despised and superseded by Votes and Orders Men of all sorts Clergy and Laity imprisoned without the least charge that by the Law is called a Crime and their Estates are sequestred by Persons of whom the Law can take no notice Committees made by Committees Rob Banish and Imprison the Lords and Commons of England Men committed by Persons of no Authority for no cause to Prison have by Habeas Corpus the good old Remedy and Security for our Liberty been brought to the Kings Bench and by command of those who first committed them remanded and Commands given to the Judges that they should grant no Habeas Corpus which they were sworn to grant to any Persons committed by them or by those to whom they grant Authority to commit which themselves have not Power to do Neither can we pass over the motion made by Mr. Rigby a Member of the House of Commons to transport those Lords and Gentlemen who were Prisoners and by them accounted Malignants to be sold as Slaves to Argiers or sent to the new Plantation in the West Indies urged the second time with much earnestness because the Proposer had contracted with two Merchants to that purpose the which though it took no effect at that time may awaken those who have observed so many things to pass and be ordered long after they have been once or twice denied and rejected And who sees the new and inhumane way of imprisoning Persons of Quality under Decks on Ship-board by which cruel usage many of our Country-men have been murthered may have reason to fear they may be hereafter carried a longer voyage than is yet avowed The twentieth part of our Estates is at once taken and if we are not willing to obey that Order the other Nineteen are taken from us as Malignants a term unknown and undefined and yet crime enough to forfeit our Lives and all that we have Our fellow-Subjects have been executed in cold blood for doing that which by the Laws of God and Man they were bound to do and after their Murther their Estates seized and their Wives and Children exposed to Misery and Famine Laws made and Penalties imposed by Laws this Parliament are suspended dispensed withal and those things done by Order against which those Laws were made And that there may be no face of Justice over the Land the Judges are prohibited to ride their Circuits for the administration of that Justice which the King owes His People and they are bound to execute And after all this and after the merciless shedding so much English Blood after the expending so much Money much of which was given for relief of our poor Protestant Brethren of Ireland and diverted for the improving the Distractions at home after the transportation of such vast sums of Money and great Treasure into Foreign parts to the unspeakable impoverishing this Poor Kingdom to make our Misery lasting and our Confusion compleat a Foreign Enemy is invited and brought into the Bowels of this Kingdom to drink our blood to divide our Possession to give us new Laws and to Rule over us And the better to make way to those horrid Impositions by confounding and making void all civil Rights and Proprieties and the better preparing the Kingdom to be shared by Strangers a New Great Seal the special Ensign of Monarchy and the only way by which Justice is derived and distributed to the People is counterfeited and used albeit it be by the express letter of the Statute of the 25 th year of King Edward the Third declared to be High Treason Having now made this clear plain Narration to the Kingdom the truth and particulars whereof are known to most Men that when Posterity shall find our names in the Records of these times as Members trusted by our Country in that great Council by whose Authority and Power the present Alteration and Distraction seems to be wrought it may likewise see how far we have been and are from consenting to these desperate and fatal Innovations we cannot rest satisfied without Declaring and Publishing to all our fellow-Subjects and to the whole World that all our Intentions and Actions have been are and shall be directed to the defence of His Majesty's Person and just Rights the preservation of the true Protestant Religion and Liberties of the Kingdom established by Law That as we do with all humility to God Almighty and as a great Blessing from him acknowledge His Majesty's happy and Religious Reign and Government over this Kingdom and especially the excellent Laws and Statutes made in His time and particularly those in this Parliament so we do with all duty and submission Declare That His Majesty is the only Supream Governour of this Realm in all Causes Ecclesiastical and Temporal That His Natural Person is not to be divided from His Kingly Office but that our natural Allegiance and the Oaths of Allegiance and Supremacy do bind us and all His other Subjects to Loyalty and Allegiance to His Natural Person That His Majesty's Negative Voice without which Monarchy is dissolved is an inherent Right of His Crown and that no Orders of one or both Houses of Parliament without His Majesty's express Consent can make a Law to bind the Subjects either in their Property or Liberty That we do from our Souls abhor
Estates of the Parliament in Scotland or the said Commissioners of that Kingdom whereof they are Subjects and that in those cases of joynt concernment to both Kingdoms the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdoms 4. To order the War of Ireland according to the Ordinance of the 11 th of April and to order the Militia and conserve the peace of the Kingdom of Ireland XVIII That His Majesty give His assent to what the two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished XIX That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the great Seal deserted the Parliament and that the said great Seal was surreptitiously conveyed away from the Parliament being the 21. day of May 1642. and who shall be hereafter made shall not sit or Vote in the Parliament of England without consent of both Houses of Parliament and that all Honour and Title conferred on any without consent of both Houses of Parliament since the 20. day of May 1642. being the day that both Houses declared That the King seduced by evil Counsel intended to raise War against the Parliament be declared null and void The like for the Kingdom of Scotland those being excepted whose Patents were passed the great Seal before the 4. of June 1644. XX. That by Act of Parliament the Deputy or chief Governour or other Governours of Ireland be nominated by both Houses of Parliament or in the Intervals of Parliament by the Commissioners to continue during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting And that the Chancellor or Lord Keeper Lord Treasurer Commissioners of the great Seal or Treasury Lord Warden of the Cinque-Ports Chancellors of the Exchequer and Dutchy Secretaries of State Judges of both Benches and of the Exchequer of the Kingdoms of England and Ireland be nominated by both Houses of Parliament to continue quamdiu se bene gesserint and in the Intervals of Parliament by the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland adding the Justice General and in such manner as the Estates in Parliament there shall think fit XXI That by Act of Parliament the Education of Your Majesty's Children and the Children of Your Heirs and Successors be in the true Protestant Religion and that their Tutors and Governours be of known Integrity and be chosen by the Parliaments of both Kingdoms or in the Intervals of Parliaments by the aforenamed Commissioners to be approved or disallowed by both Parliaments at their next sitting and that if they be Male they be married to such only as are of the true Protestant Religion if they be Female they may not be marryed but with the advice and consent of both Parliaments or in the Intervals of Parliament by their Commissioners XXII That Your Majesty will give Your Royal Assent to such ways and means as the Parliaments of both Kingdoms shall think fitting for the uniting of the Protestant Princes and for the entire Restitution and Re-establishment of Charles Lodwick Prince Elector Palatine His Heirs and Successors to His Electoral Dignity Rights and Dominions Provided that this extend not to Prince Rupert or Prince Maurice or the Children of either of them who have been the Instruments of so much blood-shed and mischief against both Kingdoms XXIII That by Act of Parliament the concluding of Peace or War with Foreign Princes and States be with advice and consent of both Parliaments or in the Intervals of Parliaments by their Commissioners XXIV That an Act of Oblivion be passed in the Parliaments of both Kingdoms respectively relative to the Qualifications in the Propositions aforesaid concerning the joint Declaration of both Kingdoms with the exception of all Murderers Thieves and other Offenders not having relation to the War XXV That the Members of both Houses of Parliaments or others who have during this Parliament been put out of any Place or Office Pension or Benefit for adhering to the Parliament may either be restored thereunto or otherwise have Recompence for the same upon the humble desire of both Houses of Parliament The like for the Kingdom of Scotland XXVI That the Armies may be Disbanded at such time and in such manner as shall be agreed upon by the Parliaments of both Kingdoms or such as shall be Authorized by them to that effect XXVII That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Mis-user or Abuser That the Militia of the City of London may be in the ordering and Government of the Lord Major Aldermen and Commons in Common-Council assembled or such as they shall from time to time appoint whereof the Lord Major and Sheriffs for the time being to be three And that the Militia of the Parishes without London and the Liberties within the weekly Bills of Mortality may be under Command of the Lord Major Aldermen and Commons in Common-Council of the said City to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removable by the Common-Council That the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent and that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future And for prevention of Inconveniences which may happen by the long intermission of Common-Councils it is desired that there be an Act that all By-Laws and Ordinances already made or hereafter to be made by the Lord Major Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating of the same shall be as effectual in Law to all intents and purposes as if the same were particularly enacted by the Authority of Parliament and that the Lord Major Aldermen and Commons in Common-Council may add to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their farther Safety Welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament Upon consideration of which Propositions His Majesty sent the Duke of Richmond and the Earl of Southampton with this Message of the 13. of December HIS Majesty hath seriously
Ships Power and even the security of Our Person who have Armed Our Subjects here who have brought in the Scots into this Kingdom to the tearing up the bowels of it who have infamously libelled against Us and Our Consort who have threatned to depose us and impeached Her of Treason and who those are who have denied Peace to this miserable Kingdom unless We would consent to their unreasonable destructive Propositions overturning the whole frame of Government both in Church and State They say and it is true We trusted them with the Prosecution of that War and how faithfully they discharged it VVe will not again repeat but VVe never trusted them so as to exclude Our selves as they now suppose and if VVe had relied more on the Judgments and Advice of Our Privy Council and less on theirs neither that nor this Kingdom had been in the condition they now are It was their Interposition and Advice which hindered the transportation of the Army of Irish Natives out of that Kingdom into Spain even to Our dis-reputation abroad who had agreed with the Spanish Ambassador to send them over and he in confidence of Our performance had disbursed Money for their transport and had they been transported their stay as it provoked them so it emboldening and strengthening the other Irish VVe are confident the flames of that Rebellion would never have broken forth at all or at most have been so small as might suddenly have been extinguished It was their Advice that staid Our going over thither in Person which probably might have stopped the rage of that VVar and by the Blessing of God would have saved the Effusion of much Blood which was since shed in that Kingdom It was their unseasonable Declarations at the beginning of the Rebellion before the old English and other Papists had engaged themselves with the Rebels of Vlster of making it a VVar of Religion and against that connivence which had been used in that Kingdom ever since the Reformation and tending to make it a National Quarrel and to eradicate the whole stock of the Irish which they now pursue by giving no Quarter to those few of that Nation in England who never were in that Rebellion but according to their Duty assist us their Sovereign which made the Rebellion so genera whereas otherwise the old English as in former times though Papists would have joyned against those Rebels VVhen VVe had offered in December 1641. that 10000. Voluntiers should be raised presently in England for the service of Ireland if the House of Commons would declare they would pay them instead thereof in January following Propositions were made for the transporting the Scots into Ireland and VVe were advised by the two Houses to give the Command and keeping of the Town and Castle of Carick fergus to the Scotish who were to be transported thither and pay'd by this Kingdom to which VVe returned Answer That we did not approve the same as prejudicial to the Crown of England and the Service intended and implying too great trust for Auxiliary Forces yet afterwards because VVe perceived the insisting upon it would breed a great delay in the necessary supply of that Kingdom VVe did admit of the Advice of the Parliament in that particular and since by the Articles of the sixth of August 1642. which though said to be made by Commissioners authorized by Us and the Parliament of England VVe never were made acquainted with them till upon this Treaty almost three years after both the Towns and Castles of Carickfergus and Colrane are left with them as Cautionary The consequence whereof was such that though the Service of Ireland were little advanced or the poor English Protestants relieved by it and this Kingdom drained to pay those whose great Arrears growing upon that Agreement must be paid out of Lands in Ireland where they have so good footing already or of Our good Subjects in England according to their other Propositions by this means the Scotish having an Army there under colour of supplying them Our Arms and Ammunition were sent into Scotland for the supply of another Army to be brought into England and the countenance of that Army in Ireland as it gave encouragement to some of Our Scotish Subjects so it over-awed others and was a means without any the least provocation to those Our ungrateful Subjects of bringing of another Army into this Kingdom where they still remain to the utter Ruine of many of Our good Subjects and the probable Destruction of the whole Kingdom And lastly it was upon their Advice in February 1641. shortly after those Propositions tendred for transporting the Scots into Ireland that We agreed that the Rebels Lands should be shared amongst the Adventurers and the Rebels to have no Pardons though We then expresly declared We did it meerly relying upon their Wisdom without further examining what We in Our particular Judgment were perswaded whether that course might not retard the reducing of that Kingdom by exasperating the Rebels and rendring them desperate of being received into grace if they should return to their Obedience And it is most apparent that those Propositions and the Act drawn upon them wherein also a further Clause not observed by Us but passed as conceiving that Act had wholly pursued the Propositions was inserted That every person who should make enter into to take any Compact Bond Covenant Oath Promise or Agreement to introduce or bring into the said Realm of Ireland the Authority of the See of Rome in any case whatsoever or to maintain or defend the same should forfeit his Lands and Goods as in case of Rebellion were great causes not only of provoking but increasing and encouraging the Rebels who having no pretence before for the horrid Rebellion had now some colour to make it a matter of Religion and so to make their application to Foreign Princes and to negotiate with them for delivering that Kingdom into their hands We profess Our aversion from their Religion and hatred to their Rebellion but though We think them worse Christians because they are Rebels We think them not worse Rebels because they are Papists A Protestant Rebel in the same degree of Rebellion hath far more to answer as having more light and it being more expresly against the Religion he professeth whereof it hath heretofore been a Maxim though it be now taken for Apocryphal Doctrine Not to take up Arms against their Prince upon any pretence whatsoever And as We have endeavoured by Our Personal Example and otherwise so We shall still continue by all good means to propagate the Protestant Religion but We are far from that Mahometan Doctrine that We ought to propagate Our Religion by the Sword And though We shall be most willing to hearken to the Advice of Our People assembled in a free Parliament yet We should be wanting to the Trust that God hath reposed in Us and Our use of that Reason with which He hath endowed Us if
Obedience to Our Commands We doubt not of your care in this wherein Our Service and the good of Our Protestant Subjects in Ireland is so much concerned From Newcastle June 11. 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace Sent to His Majesty at Newcastle by the Right Honourable the Earl of Pembroke and Montgomery the Earl of Suffolk Members of the House of Peers and Sir VValter Earle Sir John Hippesly Knights Robert Goodwyn Luke Robinson Esquires Members of the House of Commons Die Sabbathi 11. Julii 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace May it please your Majesty WE the Lords and Commons assembled in the Parliament of England in the name and on the behalf of the Kingdoms of England and Ireland and the Commissioners of the Parliament of Scotland in the name and on the behalf of the Kingdom of Scotland do humbly present unto Your Majesty the humble Desires and Propositions for a safe and well-grounded Peace agreed upon by the Parliaments of both Kingdoms respectively unto which we do pray Your Majesties Assent and that they and all such Bills as shall be tendred to Your Majesty in pursuance of them or any of them may be Established and Enacted for Statutes and Acts of Parliament by Your Majesties Royal Assent in the Parliaments of both Kingdoms respectively I. WHereas both Houses of the Parliament of England have been necessitated to undertake a War in their just and lawful defence and afterwards both Kingdoms of England and Scotland joyned in solemn League and Covenant were engaged to prosecute the same That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations heretofore had or hereafter to be had against both or either of the Houses of the Parliament of England the Parliament of the Kingdom of Scotland and the late Convention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from them and all Judgments Indictments Outlawries Attainders and Inquisitions in any the said Causes and all Grants thereupon made or had or to be made or had be declared null suppressed and forbidden And that this be publickly intimated in all Parish-Churches within His Majesties Dominions and all other places needful II. That His Majesty according to the laudable Example of His Royal Father of happy memory may be pleased to swear and sign the late solemn League and Covenant and that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the Three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliament respectively with such Penalties as by mutual advice of both Kingdoms shall be agreed upon III. That a Bill be passed for the utter abolishing and taking away of all Archbishops Bishops their Chancellors and Commissaries Deans and Sub-deans Deans and Chapters Archdeacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Subtreasurers Succentors and Sacrists and all Vicars Choral and Choristers old Vicars and new Vicars of any Cathedral or Collegiate Church and all other their under Officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such Alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the Date at Edenburg 29. November 1643. and joynt Declaration of both Kingdoms IV. That the Ordinances concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament V. That Reformation of Religion according to the Covenant be settled by Act of Parliament in such manner as both Houses have agreed or shall agree upon after Consultation had with the Assembly of Divines VI. Forasmuch as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and Uniformity in matters of Religion that such Unity and Uniformity in Religion according to the Covenant as after Consultation had with the Divines of both Kingdoms now assembled is or shall be joyntly agreed upon by both Houses of Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively VII That for the more effectual disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and deluding the Laws and for the better discovering and speedy conviction of Recusants an Oath be established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory Worshipping of the Consecrated Host Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appointed by the said Act to be a sufficient Conviction of Recusancy VIII An Act of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion IX An Act for the true levy of the Penalties against them which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no loss X. That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duely executed and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this Kingdom XI The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of the Parliament there shall think fit XII That the King do give His Royal Assent to an Act for the due Observation of the Lords Day And to the Bill for the suppression of Innovations in Churches and Chappels in and about the Worship of God c. And for the better advancement of the Preaching of God's holy Word in all parts of this Kingdom And to the Bill against the enjoying of Pluralities of Benefices by Spiritual Persons and Non-Residency And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colledges of Westminster Winchester and Eaton And to such Act or Acts for raising of Moneys for the payment and satisfying of the Publick Debts and Damages of the Kingdom and other Publick uses as shall hereafter be agreed on by both Houses of Parliament and that if the King do not give His Assent thereunto then it being done by both Houses of Parliament the same shall be as valid to all Intents and Purposes as if the Royal Assent had been given thereunto The like for the Kingdom of Scotland And that His Majesty give assurance of His consenting in the
of such late Members of either House of Parliament as sate in the unlawful Assembly at Oxford and shall not have rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 3. Branch That one full moiety of the Estates of such Persons late Members of either of the Houses of Parliament who have deserted the Parliament and adhered to the Enemies thereof and shall not have rendred themselves before the first of Decemb. 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 10. Qualification That a full third part on the value of the Estates of all Judges and Officers towards the Law Common or Civil and of all Serjeants Councellors and Attorneys Doctors Advocates and Proctors of the Law Common or Civil and of all Bishops Clergy-men Masters and Fellows of any Colledge or Hall in either of the Universities or elsewhere and of all Masters of Schools or Hospitals and of Ecclesiastical Persons who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom That a full sixth part on the full value of the Estates of the Persons excepted in the sixth Qualification concerning such as have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof and are disabled according to the said Qualification to be taken and employed for the payment of the publick Debts and Damages of the Kingdom 11. Qualification That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth two hundred pounds Sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth one hundred pounds Sterling be at liberty and discharged 1. Branch This Proposition to stand as to the English and as to the Scots likewise if the Parliament of Scotland or their Commissioners shall so think fit 2. Branch That the first of May last is now the day limited for the persons to come in that are comprised within the former Qualification That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and Proportions before mentioned may be levied and applied to the discharge of the said Engagements The like for the Kingdom of Scotland if the Estates of Parliament or such as shall have power from them shall think fit XVII That an Act of Parliament be passed to declare and make void the Cessation of Ireland and all Treaties and Conclusions of Peace or any Articles thereupon with the Rebels without Consent of both Houses of Parliament and to settle the Prosecution of the War of Ireland in both Houses of the Parliament of England to be managed by them and the King to assist and to do no Act to discountenance or molest them therein That Reformation of Religion according to the Covenant be setled in the Kingdom of Ireland by Act of Parliament in such manner as both Houses of the Parliament of England have agreed or shall agree upon after Consultation had with the Assembly of Divines here That the Deputy or chief Governour or other Governours of Ireland and the Presidents of the several Provinces of that Kingdom be nominated by both the Houses of the Parliament of England or in the Intervals of Parliament by such Committees of both Houses of Parliament as both Houses of the Parliament of England shall nominate and appoint for that purpose and that the Chancellour or Lord Keeper Lord Treasurer Commissioners of the great Seal or Treasury Lord Warden of the Cinque-ports Chancellour of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of the Kingdoms of England and Ireland and the Vice-Treasurer and Treasurers at Wars of the Kingdom of Ireland be nominated by both Houses of the Parliament of England to continue quam diu se bene gesserint and in the Intervals of Parliament by the fore-mentioned Committees to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland concerning the nomination of the Lords of the Privy Council Lords of Session and Exchequer Officers of State and Justice General in such manner as the Estates of the Parliament there shall think fit XVIII That the Militia of the City of London and Liberties thereof may be in the ordering and government of the Lord Maior Aldermen and Commons in Common Council assembled or such as they shall from time to time appoint whereof the Lord Maior and Sheriffs for the time being to be three to be imployed and directed from time to time in such manner as shall be agreed on and appointed by both Houses of Parliament That no Citizen of the City of London nor any of the Forces of the said City shall be drawn forth or cempelled to go out of the said City or Liberties thereof for Military service without their own free Consent That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Misuser or Abuser That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Council And for prevention of inconveniences which may happen by the long intermission of Common-Councils it is desired that there may be an Act that all by-Laws and Ordinances already made or hereafter to be made by the Lord Maior Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating the same Common-Councils shall be as effectual in Law to all Intents and Purposes as if the same were particularly Enacted by the Authority of Parliament and that the Lord Maior Aldermen and Commons in Common-Council may add to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their further Safety Welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament XIX That all Grants Commissions Presentations Writs Process Proceedings and other things passed under the Great Seal of England in the custody of the Lords and other Commissioners appointed by both Houses of Parliament for the custody thereof be and by Act of Parliament with the Royal Assent shall be declared and Enacted to be of like full force and effect to all intents and purposes as the same or like Grants Commissions Presentations Writs Process Proceedings and
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
thereunto Provided always and be it further Enacted by the Authority aforesaid That nothing herein before contained shall extend to the taking away of the ordinary Legal Power of Sheriffs Justices of Peace Maiors Bailiffs 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 Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers or 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 that if any persons shall be gathered and assembled together in Warlike manner or otherwise to the number of Thirty persons and shall not forthwith separate and disperse 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 separating and dispersing themselves shall be guilty and incur the pains of High Treason being first Declared guilty of such Offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding and he or they that shall offend herein shall be incapable of any Pardon from His Majesty His Heirs and Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided also further That the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and imploying the Forces of that City for the Defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the sitting of this present Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act for justifying the Proceedings of Parliament in the late War and for Declaring all Oaths Declarations Proclamations and other Proceedings against it to be void WHereas the Lords and Commons assembled in Parliament have been necessitated to make and prosecute a War in their just and lawful Defence and thereupon Oaths Declarations and Proclamations have been made against them and their Ordinances and Proceedings and against others for adhering unto them and for executing Offices Places and Charges by Authority derived from them and Judgments Indictments Outlawries Attainders and Inquisitions for the causes aforesaid have been had and made against some of the Members of the Houses of Parliament and other his Majesties good Subjects and Grants have been made of their Lands and Goods Be it therefore Declared and hereby Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That all Oaths Declarations and Proclamations heretofore had or made against both or either of the Houses of Parliament or any the Members of either of them for the causes aforesaid or against their Ordinances or Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from the said Houses or either of them and all Judgments Indictments Outlawries Attainders Inquisitions and Grants thereupon made and all other Proceedings for any the causes aforesaid had made done or executed or to be had made done or executed whether the same be done by the King or any Judges Justices Sheriffs Ministers or any others are void and of no effect and are contrary to and against the Laws of the Realm And be it further Enacted and hereby Declared by the Authority aforesaid That all Judges Justices of the Peace Maior Sheriffs Constables and other Officers and Ministers shall take notice hereof and are hereby prohibited and discharged in all time to come from awarding any Writ Process or Summons and from pronouncing or executing any Judgment Sentence or Decree or any way proceeding against or molesting any of the said Members of the two Houses of Parliament or against any of the Subjects of this Kingdom for any the causes aforesaid Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning Peers lately made and hereafter to be made BE it Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament That all Honour and Title of Peerage conferred on any since the twentieth day of May 1642. being the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament be and is hereby made and declared Null and Void Be it further Enacted and it is hereby Enacted by the Authority aforesaid that no Person that shall hereafter be made a Peer or His Heirs shall sit or vote in the Parliament of England without consent of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Adjournments of both Houses of Parliament BE it Declared and Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by the Authority of the same That when and as often as the Lords and Commons assembled in this present Parliament shall judge it necessary to adjourn both Houses of this present Parliament to any other place of the Kingdom of England than where they now sit or from any place adjourn the same again to the place where they now sit or to any other place within the Kingdom of England that then such their Adjournment and Adjournments to such places and for such time as they shall appoint shall at all times and from time to time be valid and good any Act Statute or Usage to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That no Adjournment or Adjournments to be had or made by reason or colour of this Act shall be deemed adjudged or taken to make end or determine any Session of this present Parliament And they also commanded us to present to Your Majesty these ensuing Propositions Heads of the Propositions 1. That the new Seal be confirmed and the old Great Seal and all things passed under it since May 1642. be made void 2. That Acts be passed for raising Moneys to satisfie Publick Debts 3. That Members of both Houses put from their places by the King be restored 4. That the Cessation in Ireland be made void and the War left to both Houses 5. That an Act of Indemnity be passed 6. That the Court of Wards be taken away and such Tenures turned into common Soccage 7. That the Treaties between the English and Scots be confirmed and Commissioners appointed for Conservation of the Peace between the Kingdoms 8. That the Arrears of the Army be paid out of the Bishops Lands forfeited Estates and Forests 9. That an Act be
cannot but see the proportions of their evil dealings against Me in the measure of Gods retaliations upon them who cannot hope long to enjoy their own thumbs and toes having under pretence of paring others nails been so cruel as to cut off their chiefest strength The punishment of the more insolent and obstinate may be like that of Korah and his Complices at once mutining against both Prince and Priest in such a method of Divine Justice as is not ordinary the Earth of the lowest and meanest People opening upon them and swallowing them up in a just disdain of their ill-gotten and wors-used Authority upon whose support and strength they chiefly depended for their building and establishing their Desings against Me the Church and State My chiefest comfort in Death consists in My Peace which I trust is made with God before whose exact Tribunal I shall not fear to appear as to the Cause so long disputed by the Sword between Me and My causless Enemies where I doubt not but his Righteous Judgment will confute their fallacy who from worldly Success rather like Sophisters than sound Christians draw those popular Conclusions for God's Approbation of their actions whose wise Providence we know oft permits many events which his revealed Word the only clear safe and fixed Rule of good Actions and good Consciences in no sort approves I am confident the Justice of my Cause and Clearness of my Conscience before God and toward my People will carry Me as much above them in God's decision as their Successes have lifted them above Me in the Vulgar opinion who consider not that many times those undertakings of men are lifted up to Heaven in the prosperity and applause of the world whose rise is from Hell as to the Injuriousness and Oppression of the Design The prosperous winds which oft fill the sails of Pirats do not justifie their Piracy and Rapine I look upon it with infinite more content and quiet of Soul to have been worsted in my enforced Contestation for and Vindication of the Laws of the Land the Freedom and Honour of Parliaments the Rights of my Crown the just Liberty of my Subjects and the true Christian Religion in its Doctrine Government and due Encouragements than if I had with the greatest advantages of Success over-born them all as some men have now evidently done what-ever Designs they at first pretended The Prayers and Patience of my Friends and loving Subjects will contribute much to the sweetning of this bitter Cup which I doubt not but I shall more cheerfully take and drink as from God's hand if it must be so than they can give it to Me whose hands are unjustly and barbarously lifted up against Me. And as to the last event I may seem to owe more to my Enemies than my Friends while those will put a period to the Sins and Sorrows attending this miserable Life wherewith these desire I might still contend I shall be more than Conqueror through Christ enabling Me for whom I have hitherto suffered as he is the Author of Truth Order and Peace for all which I have been forced to contend against Error Faction and Confusion If I must suffer a Violent Death with my Saviour it is but Mortality crowned with Martyrdom where the debt of Death which I owe for Sin to Nature shall be raised as a gift of Faith and Patience offered to God Which I humbly beseech him mercifully to accept and altho Death be the wages of My own Sin as from God and the effect of others Sins as men both against God and Me yet as I hope My own Sins are so remitted that they shall be no ingredients to imbitter the cup of my Death so I desire God to pardon their Sins who are most guilty of my Destruction The Trophees of my Charity will be more glorious and durable over them than their ill-managed Victories over Me. Tho their Sin be prosperous yet they had need to be penitent that they may be pardoned Both which I pray God they may obtain that my Temporal Death unjustly inflicted by them may not be revenged by God's just inflicting Eternal Death upon them for I look upon the Temporal Destruction of the greatest King as far less deprecable than the Eternal Damnation of the meanest Subject Nor do I wish other than the safe bringing of the Ship to shore when they have cast Me over-board though it be very strange that Mariners can find no other means to appease the Storm themselves have raised but by drowning their Pilot. I thank God my Enemies Cruelty cannot prevent my Preparation whose Malice in this I shall defeat that they shall not have the satisfaction to have destroyed my Soul with my Body of whose Salvation while some of them have themselves seemed and taught others to despair they have only discovered this that they do not much desire it Whose uncharitable and cruel Restraints denying Me even the assistance of any of my Chaplains hath rather enlarged than any way obstructed my access to the Throne of Heaven Where Thou dwellest O King of Kings who fillest Heaven and Earth who art the fountain of Eternal Life in whom is no shadow of Death Thou O God art both the just Inflicter of Death upon us and the merciful Saviour of us in it and from it Yea it is better for us to be dead to our selves and live in Thee than by living in our selves to be deprived of Thee O make the many bitter aggravations of my Death as a Man and a King the opportunities and advantages of thy special Graces and Comforts in my Soul as a Christian If Thou Lord wilt be with Me I shall neither fear nor feel any evil tho I walk through the valley of the shadow of Death To contend with Death is the work of a weak and mortal man to overcome it is the Grace of Thee alone who art the Almighty and Immortal God O my Saviour who knowest what it is to die with Me as a man make Me to know what it is to pass through Death to Life with Thee my God Tho I die yet I know that Thou my Redeemer livest for ever tho Thou slayest Me yet Thou hast incouraged Me to trust in Thee for Eternal Life O withdraw not thy Favour from Me which is better than Life O be not far from Me for I know not how near a violent and cruel Death is to Me. As thy Omniscience O God discovers so thy Omnipotence can defeat the Designs of those who have or shall conspire my Destruction O shew Me the goodness of thy Will through the wickedness of theirs Thou givest Me leave as a man to pray that this Cup may pass from Me but Thou hast taught Me as a Christian by the example of Christ to add Not My will but thine be done Yea Lord let our wills be one by wholly resolving Mine into Thine let not the desire of Life in Me be so great as that of doing or
to single Him out of all the Kings of the Earth as the fittest Champion to wrestle with Adversity and to make Him glorious by Sufferings which being well born truly prove men Great yet would He furnish Him almost by a Miracle likewise with such Advantages in the conduct of which His Prudence and Magnanimity might evidence that He did deserve Propserity and by clearing up even this way His eminent Vertues warn the following Ages from a Credulity to unquiet Persons since the best of Princes was thus infamously slandered From all these concurring Causes each one in their Way and Order did the King's Strength so far increase as that He won many Battles and was not far from Conquest in the Whole War had not God seen fit to afflict this sinful Nation with Numerous and most Impious Tyrants and make us feel that no Oppressions are so unsupportable as those which are imposed by such as have made the highest Pretensions to Liberty of which we had bitter experience after the War was finished that was now begun For there had been some slight Conflicts ere this in the several Countries betwixt the Commissioners of Array and the Militia with various Successes which require just Volumes and compleat Histories to relate and cannot be comprehended in the short View of the King's Life where it is only intended to speak of those Battles in which the King in Person gave sufficient evidence of His Wisdom and Valour The first of which was at Edge-Hill on Oct. 23. For the King had no sooner gotten a considerable Force though not equal to those of His Enemies but He matched towards London and in His way thither met with Essex's Army that were come from thence to take Him The King having viewed their Army by a Prospective-glass from the top of that Hill and being asked afterwards by His Officers what He meant to do To give them battle said He with a present Courage it is the first time I ever saw the Rebels in a Body God and good Mens Prayers to Him assist the Justice of My Cause and immediately prepared for the Fight which was acted with such a Fury that near 6000 were slain according to the common account but some say a far less number were slain upon the place Night concluded this Battle which had comprehended the whole War had not the King 's prevailing Horse preferr'd the Spoils to Victory and left the Enemy some advantage to dispute for her But the King had all the fairest marks of her Favour For though He had lost His General yet he kept the Field possessed the dead Bodies opened His way toward London and in the sight of some part of the Army of Essex who accounted it a Victory that He was not totally routed and killed took Banbury and entred Triumphantly into Oxford which He had designed for His Winter-quarters with 150 Colours taken in fight And having assured that place He advances towards London whither Essex had gotten before Him and disposed his baffled Regiments within 10 Miles of the City yet the King fell upon two Regiments of them at Brainford took 500 Prisoners and sunk their Ordnance From thence intending to draw nearer London He had intelligence that the City had powred forth all their Auxiliaries to re-inforce Essex's Troops to which being unwilling to oppose His Souldiers wearied with their March nor thinking it safe to force an Enemy to fight upon Necessity which inspires a more than Ordinary Fury He retreats to Oxford having taught His Enemies that He was not easily to be overcome For in the management of this Battle He did not only undeceive the abused World of those Slanders which His Enemies had polluted Him with but He exceeded that Opinion His own Party had of His Abilities and though He parted from London altogether unexperienced in Martial Affairs yet at Edge-Hill He appeared a most Excellent Commander His Valour was also equal to His Prudence and He could as well endure Labours as despise Dangers And by a communication of toils encouraged His Souldiers to keep the Field all the Night when they saw He refused the refreshments of a Bed for He sought no other Shelter from the injuries of the Air than His own Coach These Vertues and this Success made such an impression on the Parliament that though they took all courses to hide the Infamy of their worsted Army yet in more humble Expressions than formerly they Petitioned the King for a Treaty of Peace which His Majesty very earnestly embraced But the Faction who were frighted with these Tendencies to an Accommodation cause some of the City to Petition against it and to make proffer of their Lives and Fortunes for the prosecution of the War Encouraged by this they form their Propositions like the Commands of Conquerours and so streighten the Power and time of their Commissioners that the Treaty at Oxford became fruitless which there had taken up all the King's Employment this Winter though abroad His Forces were busie in several Parts of the Nation not without Honour At the Opening of the Spring the Queen comes back to England An. 1643 bringing with Her some considerable Supplies of Men Money and Ammunition and Her coming was entertained with such a Series of Successes that the King that Summer was Master of the North and West except some few Garrisons Which so dismaied the Parliament that very many of them were preparing to quit the Kingdom and had the King followed His own Counsels to march immediately towards London and not been fatally over-born at a Council of War which it is said His Enemies at London did assure their Party would so be first to attempt Gloucester He had in the judgment of all discerning men then finished the War with Glory But here He lay so long till Essex had gotten a Recruit from London and came time enough to Relieve the Town though in his Return the King necessitated him to fight worsted him near Newbery and so bravely followed him the next day that He forced the Parliaments Horse which were left in the Reer to seek their safety by making their way over a great part of their Foot yet lost on His side much Noble Blood as the Earls of Carnarvan and Sunderland and Viscount Falkland This last was lamented by all being equally dexterous at the Pen and Sword had won some Wreaths in those Controversies that were to be managed by Reason and was eminent in all the Generous parts of Learning above any of his Fortune and Dignity After this Encounter the King returns to Oxford to consult with those Members of both Houses that had left the Impostures and Tumults at London to joyn with Him for the Common Benefit who being as to the Peers the far greater and as to the Commons an equal Number with those at Westminster they assumed the Name and Authority of Parliament and deliberated of the ways of Peace and means to prevent the Desolations which the Faction so
furiously designed who were now resolving to encrease our Miseries by Calling in the Scots to their assistance For though they pretended so highly to God's Cause as if they had the certainty of some Divine Revelation yet they would not trust Him for their Preservation notwithstanding their Pretences to his Cause had furnished them with so vast a Treasure and so mighty a Strength but would invite others to the Violation of most Sacred Oaths to sin against all Laws and every Rule of Justice that themselves might be secure in their Usurpations And that perfidious Party that then ruled in Scotland hoping for as great Advantages as their former Wickedness had yielded contrary to all Obligations which the King's Goodness had laid on them and their free and voluntary Execrations as was that of Alexander Lesley who lifting up His arms and hands to Heaven wished they might rot to his body before he died if ever he should heave them up hereafter or draw his Sword against so gude a King drew that people once more into Rebellion against their Prince and to make them more eager and think the Enterprize easie they first raised a Report that the King was deserted by most of His Nobility The Parliament at Oxford having by a Letter moved the Earl of Essex to endeavour Peace did also declare against this Invasion of the Scots by another Letter sent to them in which also they acquaint them with the falseness of their officious Lye and shew how inconsiderable a Number of Lords were with those that invited them in The King Himself writes also to put them in mind of their several Ingagements to be Quiet But with an Insolency fit for most perjured Souls they commanded the Letters to be burned by the hand of the Hangman A more secret falshood He also found in the Marquess Hamilton whose Treasons now came to be more suspected For His Majesty having written to him to use all his Power and Interest to keep his Country-men at home which had not been difficult for one of his Grandeur in that unquiet Nation he by some secret arts doth more inflame them and to cover his Perfidiousness flies from Scotland to Oxford as seeking a shelter for his Loyalty but indeed to be a Spy in the King's Counsels But his Treasons had out-stripp'd him and his Brother the Earl of Lanerick who came with him therefore they were both forbidden the Court. Lanerick not willing to tarry till a further Discovery gets out of Oxford flies to those at London and by them was employed in the Scotch Army which made Hamilton's Treachery more evident and he was sent Prisoner to Pendennis Castle But the dishonour of that Nation was in a great measure repaired by the Gallantry and Faithfulness of the Marquess Montrosse who being Commission'd by the King with an incredible Industry by small numbers of men won many Battels and overthrew well-formed Armies and had not the Fate of his Master which was to be betrayed by those He trusted been likewise common to him he had forced that Nation to Justice and Quiet But ere Montrosse could get his Commission the Scots were entred into England whose coming that it might be less odious to the People who now grew cold in their Zeal to the Cause and saw themselves deluded into so continued Dangers the Faction make use of such Frauds as should make the People either think them necessary Assistances or might divert their Thoughts from apprehending the Miseries they brought with them to this Nation therefore they invent new Slanders of the King and His Party That His Majesty did intend to translate Monarchy into a Tyranny that He would seize upon all their Estates who had any way opposed Him and make their Persons Slaves and that there was no hope of Pardon from Him who was so merciless that He would take away all their Liberties and Privileges as forfeited destroy the Protestant Religion and introduce Popery which at Oxford He did practise Himself and that all men must be forced to go to Mass As for His Party they set them out to be such Monsters that the lower sort of People doubted whether the Cavaliers had the shapes of men For sad Relations were Printed and Published of their Inhumanity and barbarous Murders That they did feast upon the Flesh of Men and that they fed their Dogs and their Horses with the same Diet to make them more fierce for the blood of the Godly Party that no man's house was so poor and mean that a Cavalier would think beneath his Rapine Thus they wrought upon the Melancholy Spirits of some by Fear For those of a Morose and Cholerick temper they had proper Divertisements they permitted to them a tumultuary Reformation to pull down the Pictures and Images of Christ the Virgin Mary and the Saints which with great Solemnity they committed to the Flames that they might suffer as it were another Martyrdom All Crosses though set up for Ornament and Use in the Streets of London and other places they pulled down they invade the Churches and there deface what their Humour or Rapine would call Superstition pull down the Organs tear the Surplices and all this was suffered to please the Rabble who delight in Violences and such Ostentations of their Fury and to make them in something or other guilty that they might despair of Pardon For others who were to be wrought upon by Religion they entertain them with Fasts publick Thanksgivings for slight Victories and solemn Spiritual Meetings as they called them where whatsoever the Faction dictated was commended by the Speakers to their unwary Hearers as the Oracles of Heaven and being thus wrapp'd up in those true Delights which accompany the Worship of God they were securely swallowed by them as Poyson when it is offered in a Sacramental Chalice To please their Ministers whom hitherto they had used as their Properties and Instruments of their Arts Presbytery is set up that they also might have an Imaginary Empire but it was not intended they should exercise it For the Pretensions of that to a Divine Right did so terrifie them who were resolved against all Government that was not subject unto or dependent on theirs that they presently raised all the other Sects Independents Erastians who for the most part were Lawyers that could not endure to hear of any Thunderbolts of Excommunication but what was heated in their own Forges Anabaptists Seekers and Atheists of which there were many sprung up who seeing how Religion was abused to carnal and unjust Ends began first to despise that and afterwards to deny God to write and declame against this new Polity as the most severe and absolute Tyranny under the Sun and the Tenth Persecution But this seeming Modesty of admitting a Church Government served their Ends for the present till they could acquire a greater strength in confidence of which they might slight the Terrors of the Law and the Anathema's of the Church The Liturgy