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A31771 Basiliká the works of King Charles the martyr : with a collection of declarations, treaties, and other papers concerning the differences betwixt His said Majesty and his two houses of Parliament : with the history of his life : as also of his tryal and martyrdome. Charles I, King of England, 1600-1649.; Fulman, William, 1632-1688.; Perrinchief, Richard, 1623?-1673.; Gauden, John, 1605-1662.; England and Wales. Sovereign (1625-1649 : Charles I) 1687 (1687) Wing C2076; ESTC R6734 1,129,244 750

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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
governed after the said three years or sooner if differences may be agreed Touching the Covenant His Majesty is not yet therein satisfied and desires to respite His particular Answer thereunto until His coming to London because it being a matter of Conscience He cannot give a resolution therein till He may be assisted with the Advice of some of His own Chaplains which hath hitherto been denied Him and such other Divines as shall be most proper to inform Him therein and then He will make clearly appear both His zeal to the Protestant Profession and the Union of these two Kingdoms which He conceives to be the main drift of this Covenant To the seventh and eighth Propositions His Majesty will consent To the ninth His Majesty doubts not but to give good satisfaction when he shall be particularly informed how the said penalties shall be levied and disposed of To the tenth His Majesty's Answer is That He hath been always ready to prevent the practices of Papists and therefore is content to pass an Act of Parliament for that purpose and also that the Laws against them be duly executed His Majesty will give his consent to the Act for the due observation of the Lord's day for the suppressing of Innovations and those concerning the Preaching of God's Word and touching Non-residence and Pluralities and His Majesty will yield to such Act or Acts as shall be requisite to raise moneys for the payment and satisfying all publick Debts expecting also that His will be therein included As to the Proposition touching the Militia though His Majesty cannot consent unto it in terminis as it is proposed because thereby He conceives He wholly parts with the power of the Sword entrusted to Him by God and the Laws of the Land for the protection and government of His People thereby at once devesting Himself and disinheriting His Posterity of that right and Prerogative of the Crown which is absolutely necessary to the Kingly Office and so weakning Monarchy in this Kingdom that little more than the name and shadow of it will remain yet if it be only security for the preservation of the Peace of this Kingdom after the unhappy Troubles and the due performance of all the agreements which are now to be concluded which is desired which His Majesty always understood to be the case and hopes that herein He is not mistaken His Majesty will give abundant satisfaction to which end He is willing by Act of Parliament That the whole power of the Militia both by Sea and Land for the space of ten years be in the hands of such persons as the two Houses shall nominate giving them power during the said term to change the said persons and substitute others in their places at pleasure and afterwards to return to the proper Chanel again as it was in the times of Queen Elizabeth and King James of blessed memory And now His Majesty conjures His two Houses of Parliament as they are Englishmen and Lovers of Peace by the duty they owe to His Majesty their King and by the bowels of compassion they have to their fellow-Subjects that they will accept of this His Majesty's offer whereby the joyful news of Peace may be restored to this languishing Kingdom His Majesty will grant the like to the Kingdom of Scotlund if it be desired and agree to all things that are propounded touching the conserving of Peace betwixt the two Kingdoms Touching Ireland other things being agreed His Majesty will give satisfaction therein As to the mutual Declaration proposed to be established in both Kingdoms by Act of Parliament and the Modifications Qualifications and branches which follow in the Propositions His Majesty only professes that He doth not sufficiently understand nor is able to reconcile many things contained in them but this He well knoweth that a general Act of Oblivion is the best Bond of Peace and that after intestine Troubles the wisdom of this and other Kingdoms hath usually and happily in all ages granted general Pardons whereby the numerous discontentments of many persons and families othewise exposed to ruine might not become fuel to new disorders or seeds to future troubles His Majesty therefore desires that His two Houses of Parliament would seriously descend into these considerations and likewise tenderly look upon His condition herein and the perpetual dishonour that must cleave to Him if He shall thus abandon so many persons of condition and fortune that have engaged themselves with and for Him out of a sense of Duty and propounds as a very acceptable testimony of their affection to Him that a general Act of Oblivion and free Pardon be forthwith passed by Act of Parliament Touching the new great Seal His Majesty is very willing to confirm both it and all the Acts done by virtue thereof until this present time so that it be not thereby pressed to make void those Acts of His done by virtue of His great Seal which in Honour and Justice He is obliged to maintain and that the future government thereof may be in His Majesty according to the due course of Law Concerning the Officers mentioned in the 19th Article His Majesty when He shall come to Westminster will gratifie His Parliament all that possibly He may without destroying the alterations which are necessary for the Crown His Majesty will willingly consent to the Act for the confirmation of the priviledges and customs of the City of London and all that is mentioned in the Propositions for their particular advantage And now that His Majesty hath thus far endeavoured to comply with the desires of His two Houses of Parliament to the end that this agreement may be firm and lasting without the least face or question of restraint to blemish the same His Majesty earnestly desires presently to be admitted to His Parliament at Westminster with that Honour which is due to their Sovereign there solemnly to confirm the same and legally to pass the Acts before mentioned and to give and receive as well satisfaction in all the remaining particulars as likewise such other pledges of mutual love trust and confidence as shall most concern the good of Him and His People upon which happy Agreement His Majesty will dispatch His Directions to the Prince His Son to return immediately to Him and will undertake for His ready obedience thereunto Holdenby May 12. 1647. XXX From HAMPTON-COURT Sept. 9. MDCXLVII In Answer to the Propositions presented to Him there For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. HIS Majesty cannot chuse but be passionately sensible as He believes all His good Subjects are of the late great Distractions and still languishing and unsetled state of this Kingdom and He calls God to witness and is willing to give testimony to all the World of His readiness to contribute His uttermost endeavours for restoring it to a
endeavouring to make any excuse for the Actions of Our Ministers That the measure of Our Justice and Favour by way of Reparation should far exceed the proportion of the Sufferings Our good Subjects had undergone by Us which We were confident would beget so mutual an Affection and confidence between Us that such a foundation of firm and stable Happiness would immediately have been laid for the whole Kingdom that all memory of former Grievances would have been easily buried and that this Parliament should receive a glorious celebration both by King and People to the end of the world And therefore upon the first Convention on the third of November We declared Our resolution in that point and then or soon after desired that whatever mistaking had grown in the Government either of Church or State might be removed and all things reduced to the Order of the time the memory whereof is justly precious to this Nation of Queen Elizabeth and for any expression of their Affection to Us in supply of Our known Necessities We were so far from pressing We resolved not to think of it till all Our good People should be abundantly satisfied in all necessary provision for their Liberty and Property and whatsoever else might disturb them in their Estates or Consciences How firmly We have kept Our Self to this Resolution is evident to all the world At the beginning of the Parliament We quickly discerned by some Circumstances of their proceedings that they meant not to confine or contain themselves within the Paths of their Predecessors which We imputed to the disorder and impatience the former Sufferings of the Kingdom had begot in them and therefore We resolved to take no exceptions to any particular but to do Our part in any point of Reformation as soon and as often as any opportunity should be offered unto Us believing that as soon as they should find themselves restored to their old security and the matter and substance of their Doubts and Fears to be removed they would easily and willingly reduce themselves into their good old way and apply themselves to the usual form of their Predecessors in the course of their proceedings And though We well knew the Combination entred into by several persons for an alteration in the Government of the Church which could not but have an Influence upon the Civil Government of the State too and observed that those men had greatest Interest and power of perswading in both Houses who had entred into such Combination yet Our Resolution was so full for the publick satisfaction of Our People that We believed even those men would either have been converted in their Consciences by the clearness and justice of Our Actions or would have appeared so unreasonable or been discovered so seditious that their Malice and Fury would not have been able to have done mischief And therefore We took no notice of the great labour and skill the prime Leaders amongst them had used to get men of their Faction nominated and elected to serve as Members of the House of Commons and did use to remove others whom they knew to be of different Opinions though they were fairly and legally elected wherein there was no other measure or Rule of Justice observed than singly with reference to the Opinions or Affections of the Persons witness besides their putting out or keeping in men upon questionable Elections without the least colour or shadow of Justice their Order whereby they at one clap expelled a very great number of Persons fairly elected by their Country upon pretence that they had some hand or their names used in some Project Monopoly or Patent without charging them with any Crime or to this day proceeding against them and yet they continue amongst them Sir Henry Mildmay Master Laurence Whitakers and others whose Affections and Opinions they are well pleased with though the first of them is notoriously known to be the chief Promoter of the business of the Gold and Silver Thred a Commission complained of viewed and examined and therefore his name might have been easily taken notice of and the other as conversant and as much imployed as a Commissioner in matters of that nature as any Man We speak not this to excuse Monopolies the Inconveniences of which We are sensible of and shall for the future prevent but to shew the partiality of that Faction and the use they make of them to their own advantage The first Remedy after the impeaching several Persons of High Treason whom they looked upon as the chief causes of the publick Sufferings they proposed was The Bill for the Triennial Parliament to the which though We might justly have paused upon several Expressions and Clauses in it and might very well have insisted upon Our old Priviledge and Custom not to pass any Bill till the end of the Session yet since We really did believe most of the Mischiefs then complained of proceeded from the too-long intermission of Parliaments and were resolved for the future to communicate freely and frequently that way with Our Subjects We passed over those Exceptions and consented to it especially upon this Confidence That when such other Acts should be agreed upon for the ease and security of Our People as We desired and expected should be preferred to Us this Act would be a sufficient earnest and assurance that all those Acts should be faithfully observed by Us and so there should be no room left for any Fears and Jealousies which might prevent that mutual Confidence between Us and Our People We earnestly desired to raise and for some time after the passing this Act We found such an acknowledgment from both Houses of Our singular Grace and Favour in consenting to it and so great expressions of their Affections and purposes towards Us that We believed the sense of it would never have been forgotten and were as much pleased that We had taken that way of obliging Our People as they were with the Benefit it self But We were very well able to discover that whatsoever seemed to be asked of Us or to be complained of to Us there was still a Faction of a few Ambitious Discontented and Seditious persons who under pretence of being enemies to Arbitrary Power and of compassion towards those who out of Tenderness of Conscience could not submit to some things enjoyned or commended in the Government of the Church had in truth a desire and had entred into a Combination to that purpose to alter the Government both of Church and State which they were yet to disguise till by their Art or Industry they had infected some with their Opinions and by their cunning Demeanour and Managery of the publick Interests they had seduced others to an implicite confidence in their Power Wisdom and Integrity And against this Design We only opposed a resolution to contribute all Our assistance for the Peace Happiness and Security of Our People and so to convince their Understandings if their Error proceeded from Weakness
any time or times within the space of two years now last past held or enjoyed or of right ought to have held or enjoyed the same In trust and confidence nevertheless and to the intent and purpose that they the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire and the Survivors and Survivor of them his and their Heirs and Assigns shall satisfie and pay unto all and every Arch-bishop Bishop Dean Sub-dean Arch-deacon Chaunter Chancellor Treasurer Sub-treasurer Succentor Sacrist Prebendary Canon Canon-Residentiary Petty-Canon Vicars Choral Choristers old Vicars and new Vicars and other Officers and persons belonging unto or now imployed in or about the said Cathedral or Collegiate Churches such yearly Stipends and Pensions for so long time and in such manner as by the Lords and Commons in Parliament assembled shall be ordered directed and appointed and shall dispose of all and singular the aforesaid Mannors Lands Tithes Appropriations Advowsons Tenements Hereditaments and other the Premisses and of every part and parcel thereof and of the Revenues Rents Issues and Profits thereof to the uses intents and purposes above and hereafter expressed that is to say for a competent maintenance for the support of such a number of Preaching Ministers for the service of every Cathedral and Collegiate Church and His Majesties free Chappel of Windsor as by the Lords and Commons shall be ordered and appointed and likewise for the maintenance of Preaching Ministers throughout the Kingdom of England Dominion of VVales and Town of Barwick in such places where such maintenance is wanting and for a proportionable allowance for and towards the reparation of the said Cathedral and Collegiate Churches in such manner and form and to such persons and for such other good uses to the advancement of true Religion and the maintenance of Piety and Learning as by this or any other Act or Acts of Parliament now or hereafter to be made shall be set down or declared And be it further Enacted by the Authority aforesaid That all Leases Gifts Grants Conveyances Assurances and Estates whatsoever hereafter to be made by the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Mabourne Esquire the Survivors and Survivor of them or the greater part of them his and their Heirs and Assigns of any the Mannors Lands Tenements or Hereditaments which in or by this Act shall come or be limited or disposed of unto the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire other than for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearly Rent or more shall be reserved and payable yearly during the said Term whereof any former Lease is in being and not to be expired surrendred or ended within Three years after the making of such Lease shall be utterly void and of none effect to all intents constructions and purposes any thing in this Act to the contrary in any wise notwithstanding Provided nevertheless where no Lease hath been heretofore made nor any such Rent hath been reserved or payable of any the Lands Tenements or Hereditaments in this Act limited or disposed of unto the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire that in such case it shall be lawful for the said Sir William Roberts Knight Thomas Atkins Sir John Wollaston John Warner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire the Survivors and Survivor of them or the greater part of them his and their Heirs to make any Lease or Estate for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above taking such Fine as they in their Judgments shall conceive indifferent and reserving a reasonable Rent not being under the Third part of the clear yearly value of the Lands Tenements or Hereditaments contained in such Lease And it is further Declared to be the true intent and meaning of this Act That all and every the Lessees Farmers and Tenants of all and every the said Persons and Corporations whose Offices or Places are taken away by this Statute now having holding or enjoying any Estate Term or Interest in possession by himself his under-Tenants or Assigns of or in any Mannors Lands Tenements Appropriations or other Hereditaments whatsoever shall and may be preferred in the taking and renewing of any Estates Leases or Grants of any such Mannors Lands Tenements or Hereditaments before any other Person the said Lessees Farmers or Tenants or other Parties interessed as aforesaid desiring the same and giving such Fines Rents and other considerations for the same as by the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Peter Malbourne Esquires or the Survivors or Survivor of them or the major part of them his or their Heirs or Assigns shall be thought and held just and reasonable Provided also and be it enacted by the Authority aforesaid That all and singular Revenues Rents Issues Fees Profits Sums of Money and Allowances whatsoever as have heretofore been and now ought to be paid disposed or allowed unto or for the maintenance of any Grammar-School or Scholars or for or towards the Reparation of any Church Chappel High-way Causey Bridge School-house Alms-house or other charitable use payable by any the Corporations or Persons whose Offices or Places are taken away by this Act or which are chargeable upon or ought to issue out of or be paid for or in respect of the said Premisses or any of them shall be and continue to be paid disposed and allowed as they were and have been heretofore any thing in this present Act to the contrary thereof notwithstanding And to the intent and purpose the Parliament may be certainly and clearly informed of the Premisses to the end the same may be distributed applied and imployed to and for such pious and godly uses and purposes as is intended and herein declared Be it Ordained and Enacted That the Lord Keeper of the Great Seal of England for the time being shall by virtue of this Act have full Power and Authority and is hereby required to award and issue forth several Commissions under the Great Seal of England into all and every the Counties and Cities within the Kingdom of England and Dominion of VVales to be directed unto such and so many persons as by the
but even passing by that which he might well insist upon a Point of Honour in respect of his present Condition thus answers the first Proposition That upon his Majesties coming to London He will heartily joyn in all that shall concern the Honour of his two Kingdoms or the Assembly of the States of Scotland or of the Commissioners or Deputies of either Kingdom particularly in those things which are desired in that Proposition upon confidence that all of them respectively with the same Tenderness will look upon those things which concern his Majesties Honour In answer to all the Propositions concerning Religion his Majesty proposeth that he will confirm the Presbyterial Government the Assembly of Divines at VVestminster and the Directory for Three years being the time set down by the Two Houses so that his Majesty and his Houshold be not hindred from that Form of God's Service which they formerly have And also that a free Consultation and Debate be had with the Divines at VVestminster Twenty of his Majesties Nomination being added unto them whereby it may be determined by his Majesty and the Two Houses how the Church shall be governed after the said Three years or sooner if Differences may be agreed Touching the Covenant his Majesty is not yet therein satisfied and desires to respite his particular Answer thereunto until his coming to London because it being a matter of Conscience he cannot give a Resolution there in till he may be assisted with the Advice of some of his own Chaplains which hath hitherto been denied him and such other Divines as shall be most proper to inform him therein and then he will make clearly appear both his Zeal to the Protestant Profession and the Union of these two Kingdoms which he conceives to be the main drift of this Covenant To the Seventh and Eighth Propositions his Majesty will consent To the Ninth his Majesty doubts not but to give good satisfaction when he shall be particularly informed how the said Penalties shall be levied and disposed of To the Tenth his Majesties Answer is That he hath been always ready to prevent the practices of Papists and therefore is content to pass an Act of Parliament for that purpose and also that the Laws against them be duly executed His Majesty will give his Consent to the Act for the due Observation of the Lord's day for the suppressing of Innovations and those concerning the preaching of God's Word and touching Non-residence and Pluralities and his Majesty will yield to such Act or Acts as shall be requisite to raise moneys for the payment and satisfying all publick Debts expecting also that his will be therein included As to the Proposition touching the Militia though his Majesty cannot consent unto it in terminis as it is proposed because thereby he conceives he wholly parts with the power of the Sword entrusted to him by God and the Laws of the Land for the Protection and Government of his People thereby at once devesting himself and dis inheriting his Posterity of that Right and Prerogative of the Crown which is absolutely necessary to the Kingly Office and so weaken Monarchy in this Kingdom that little more than the Name and Shadow of it will remain yet if it be onely security for the preservation of the Peace of this Kingdom after the unhappy Troubles and the due performance of all the Agreements which are now to be concluded which is desired which his Majesty always understood to be the case and hopes that herein he is not mistaken his Majesty will give abundant satisfaction To which end he is willing by Act of Parliament That the whole power of the Militia both by Sea and Land for the space of Ten years be in the hands of such Persons as the Two Houses shall nominate giving them power during the said Term to change the said Persons and substitute others in their places at pleasure and afterwards to return to the proper Chanel again as it it was in the times of Queen Elizabeth and King James of blessed memory And now his Majesty conjures his two Houses of Parliament as they are English-men and lovers of Peace by the Duty they owe to his Majesty their King and by the bowels of Compassion they have to their fellow-Subjects that they will accept of this his Majesties Offer whereby the joyful News of Peace may be restored to this languishing Kingdom His Majesty will grant the like to the Kingdom of Scotland if it be desired and agree to all things that are propounded touching the conserving of Peace betwixt the two Kingdoms Touching Ireland other things being agreed His Majesty will give Satisfaction therein As to the mutual Declarations proposed to be established in both Kingdoms by Act of Parliament and the Modifications Qualifications and Branches which follow in the Propositions his Majesty onely professes that He doth not sufficiently understand nor is able to reconcile many things contained in them but this He well knoweth that a general Act of Oblivion is the best bond of Peace and that after Intestine Troubles the Wisdom of this and other Kingdoms hath usually and happily in all Ages granted general Pardons whereby the numerous discontentments of many Persons and Families otherwise exposed to ruine might not become fewel to new Disorders or seeds to future Troubles His Majesty therefore desires that His two Houses of Parliament would seriously descend into these Considerations and likewise tenderly look upon His condition herein and the perpetual dishonour that must cleave to Him if He shall thus abandon so many Persons of Condition and Fortune that have engaged themselves with and for him out of a sense of Duty and propounds as a very acceptable testimony of their Affection to him That a general Act of Oblivion and free Pardon be forthwith passed by Act of Parliament Touching the new Great Seal His Majesty is very willing to confirm both it and all the Acts done by virtue thereof until this present time so that it be not thereby pressed to make void those Acts of His done by virtue of his Great Seal which in Honour and Justice He is obliged to maintain and that the future Government thereof may be in His Majesty according to the due course of Law Concerning the Officers mentioned in the 19. Article His Majesty when He shall come to Westminster will gratifie His Parliament all that possibly He may without destroying the alterations which are necessary for the Crown His Majesty will willingly consent to the Act for the confirmation of the Priviledges and Customs of the City of London and all that is mentioned in the Propositions for their particular advantage And now that His Majesty hath thus far endeavoured to comply with the desires of His two Houses of Parliament to the end that this Agreement may be firm and lasting without the least face or question of restraint to blemish the same His Majesty earnestly desires presently to be admitted to His Parliament at
Rumors spread and Informations given which may have induced many to believe that We intend to make War against Our Parliament We Profess before God and Declare to all the World That We always have and do abhor all such Designs and desire all Our Nobility and Commoners who are here upon the place to declare Whether they have not been Witnesses of Our frequent and earnest Declarations and Professions to this purpose whether they see any colour of Preparations or Counsels that might reasonably beget a belief of any such Design and whether they be not fully perswaded that We have no such intention but that all Our Endeavours according to Our many Professions tend to the firm and constant settlement of the true Protestant Religion the just Priviledges of Parliaments the Liberty of the Subject the Law Peace and Prosperity of this Kingdom MDCXLVII Aug. 1. The Heads of the Proposals agreed upon by his Excellency Sir THOMAS FAIRFAX and the Council of the Army to be tendred to the Commissioners of Parliament residing with the Army and with them to be treated on by the Commissioners of the Army Containing the particulars of their Desires in pursuance of their former Declarations and Papers in order to the clearing and securing of the Rights and Liberties of the Kingdom and the settling a just and lasting Peace To which are added some further particular Desires for the removing and redressing of divers present pressing Grievances being also comprized in or in necessary pursuance of their Former Representations and Papers appointed to be Treated upon I. THat the things hereafter proposed being provided for by this Parliament a certain period may by Act of Parliament be set for the ending of this Parliament such period to be within a year at most and in the same Act provision to be made for the succession and constitution of Parliaments in future as followeth 1. That Parliaments may Biennially be called and meet at a certain day with such provision for the certainty thereof as in the late Act was made for Triennial Parliaments and what further other provision shall be found needful by the Parliament to reduce it to more certainty And upon the passing of this the said Act for Triennial Parliaments to be repealed 2. Each Biennial Parliament to sit 120. days certain unless adjourned or dissolved sooner by their own Consent afterwards to be adjournable or dissolvable by the King and no Parliament to sit past 240. days from their first meeting or some other limited number of days now to be agreed on upon the expiration whereof each Parliament to dissolve of course if not otherwise dissolved sooner 3. The King upon Advice of the Council of State in the Intervals betwixt Biennial Parliaments to call a Parliament extraordinary provided it meet above seventy days before the next Biennial day and be dissolved at least sixty days before the same so as the course of Biennial Elections may never be interrupted 4. That this Parliament and each succeeding Biennial Parliament at or before adjournment or dissolution thereof may appoint Committees to continue during the Interval for such purposes as are in any of these Proposals referr'd to such Committees 5. That the Elections of the Commons for succeeding Parliaments may be distributed to all Counties or other parts or divisions of the Kingdom according to some Rule of equality or proportion so as all Counties may have a number of Parliament-Members allowed to their choice proportionable to the respective Rates they bear in the common Charges and burthens of the Kingdom according to some other Rule of equality or proportion to render the House of Commons as near as may be an equal Representative of the whole and in order thereunto that a present consideration be had to take off the Elections of Burgesses for poor decayed or inconsiderable Towns and to give some present addition to the number of Parliament-Members for great Counties that have now less than their due proportion to bring all at present as near as may be to such a Rule of proportion as aforesaid 6. That effectual provision be made for future freedom of Elections and certainty of due Returns 7. That the House of Commons alone have the power from time to time to set down further Orders and Rules for the Ends expressed in the Two last preceding Articles so as to reduce the Elections of Members for that House to more and more perfection of Equality in the distribution Freedom in the Election Order in the proceeding thereto and Certainty in the Returns which Orders and Rules in that case to be as Laws 8. That there be a Liberty for entring Dissents in the House of Commons with provision that no Member be censurable for ought said or voted in the House further than to exclusion from that Trust and that onely by the judgment of the House it self 9. That the Judicial Power or power of final Judgment in the Lords and Commons and their power of Exposition and Application of Law without further Appeal may be cleared and that no Officer of Justice Minister of State or other person adjudged by them may be capable of Protection or Pardon from the King without their Advice and Consent 10. That the Right and Liberty of the Commons of England may be cleared and vindicated as to a due Exemption from any Judgment Trial or other Proceeding against them by the House of Peers without the concurring Judgment of the House of Commons as also from any other Judgment Sentence or Proceeding against them other than by their Equals or according to the Law of the Land 11. The same Act to provide that Grand-Jury-men may be chosen by and for several parts or divisions of each County respectively in some equal way and not remain as now at the discretion of an Under-Sheriff to be put on or off and that such Grand-Jury-men for their respective Counties may at each Assize present the Names of persons to be made Justices of Peace from time to time as the County hath need for any to be added to the Commission and at the Summer-Assize to present the Names of Three Persons out of whom the King may prick one to be Sheriff for the next year II. For the future security to Parliaments and the Militia in general in order thereunto that it be provided by Act of Parliament 1. That the power of the Militia by Sea and Land during the space of Ten years next ensuing shall be ordered and disposed by the Lords and Commons assembled and to be assembled in the Parliament or Parliaments of England or by such persons as they shall nominate and appoint for that purpose from time to time during the said space 2. That the said power shall not be ordered disposed or exercised by the King's Majesty that now is or by any person or persons by any Authority derived from Him during the said space or at any time hereafter by His said Majesty without the Advice
at first secretly they whispered and at last publickly imputed that horrid Massacre Which Slanders were coloured by the Arts of the Irish Rebels who to dishearten the English from any resistance bragged that the Queen was with their Army That the King would come amongst them with Auxiliary Forces That they did but maintain His Cause against the Puritans That they had the King's Commission for what they did shewing indeed a Patent that themselves had drawn but thereto was affixed an Old broad Seal that had been taken from an obsolete Patent out of Farnham Abbey by one Plunckett in the presence of many of their Lords and Priests as was afterwards attested by the Confession of many That the Scots were in Confederacy with them to beget a Faith of which they abstained from the Lives and Fortunes of those of that Nation among them On the other side to incourage the Natives of their own Party they produce fictitious Letters wherein they were informed from England that the Parliament had passed an Act that all the Irish should be compelled to the Protestant Worship that for the first offence they should forfeit all their Goods for the second their Estates and for the third their Lives Besides they present them with the hopes of Liberty That the English Yoke should be shaken off that they would have a King of their own Nation and that the Goods and Estates of the English should be divided among the Natives And with these hopes of Spoil and Liberty and Irish were driven to such a Fury that they committed so many horrid and barbarous Acts as scarce ever any Age or People were guilty of In the mean while nothing was done for the relief of the poor English there but only some Votes passed against the Rebels till the King returned to London which was about the end of November where He with the Queen and the Prince were magnificently feasted by the Citizens and the chief of them afterwards by Him at Hampton-Court For he never neglected any honest Arts to gain His Peoples love to which they were naturally prone enough had not His Enemies methods and impulses depraved their Genius But this much troubled the Faction who envied that Reverence to Majesty in others which was not in themselves and they endeavoured to make these loves short and unhappy for they discountenanced the prime advancers of this Honour of the King and were more eager to render Him odious For having gotten a Guard about them they likewise insinuated into the people dangerous apprehensions as the cause of that Guard and every day grew more nice and jealous of their Priviledges and Power The King's advices to more tenderness of His Prerogative or His Advertisements of the scandalous Speeches that were uttered in their House they interpret as encroachments upon their Grandeur and upbraided the King for them in their Petitions to Him But their greatest effort upon Majesty was the Remonstrance after which they took all occasions to magnifie the apprehensions of those Fears which they had falsly pretended to in it This the Faction had before formed and now brought into the House of Commons where it found a strong opposition by those wise men that were tender of the publick Peace and Common Good though those who preferred their Private to the General Interest and every one that was short-sighted and improvident for the future were so fierce for it that the Debates were continued all Night till ten a Clock the next Morning so that many of the more aged and Persons of best Fortunes not accustomed to such watchings were wearied out and many others not daring to provoke the Faction in this their grand Design left the House so that at last they carried it yet but by eleven Votes Which they presented with a Petition to take away the Votes of Bishops in the House of Lords and the Ceremonies in the Church and to remove those Persons from His Trust which they could not confide in yet named none but only accused all under the name of a Malignant Popish Party Which they had no sooner delivered than they caused it to be published in print To which the King answers in another publick Declaration but so much to the Discontent of the Demagogues to find their Methods of Ruine so fully discovered as they were in His Majesties Answer that they had recourse to their former Sovereign Remedy which sober men accounted a Crime and an indignity to Government the Tumults of the Rabble Who in great numbers and much confusion came up to Westminster some crying out against Bishops others belching their fury against the Liturgy and a third Party roaring that the Power of the Militia should be taken out of the King's hands To their Clamours they added rude Affronts to those Lords whom their Leaders had taught them to hate and especially to the Bishops at their going in or coming out of the House and afterwards drawing up to White-Hall they appeared so insolent as it was evident they wanted only some to begin for there were enough to prosecute an assault upon the King in His own Palace The Bishops thus rudely excluded from their Right and Liberty of coming to the Parliament Twelve of them afterwards protest against the Proceedings of it during their so violent Exclusion Which Protestation the Commons presently accused of High Treason and caused their Commitment to the Tower where they continued them till the Bill against their Votes in the Lord's House was past that they might not produce their Reasons for their Rights and against the Injustice offered unto them and then afterwards released them The King also saw it necessary to take a Guard of such Gentlemen as offered their Service for His Safety and to prevent the prophaning of Majesty by the rude fury of the People who used to make their Addresses acceptable at Westminster by offering in their passage some base Affronts at White-Hall But when the terrour of this Guard had reduced them to some less degree of Impudencie they then instructed by their Heads laboured to make it more unsafe to the King by seeking to raise the Rage and Jealousie of the whole City against Him For at Midnight there were cries out in the Street that all People should arise to their defence for the King with His Papists were coming to fire the City and cut their Throats in their Beds Than which though nothing was more false yet it found the effects of truth and the People by such Alarms being terrified from sleep the impressions of those nightly fears lay long upon their Spirits in the day and filled them almost with Madness The King therefore not alwaies to incourage these Violences with Patience but at last by a course of Justice to take off those whom He had found to be the Authors of these destructive Counsels the grand Movers of these Seditious practices and which was more the Inviters of a Foreign Force the Scotch Army into this Nation commands
though my Sins are so many and grievous that I may rather expect the effects of thy Anger than so great a deliverance as to free Me from my present great Danger yet O Lord since thy Mercies are over all thy Works and Thou never failest to relieve all those who with humble and unfeigned Repentance come to Thee for succour it were to multiply not diminish my Transgressions to despair of thy heavenly favour wherefore I humbly desire thy Divine Majesty that Thou wilt not only pardon all my Sins but also free Me out of the hands and protect Me from the Malice of my cruel Enemies But if thy wrath against my hainous offences will not otherwise be satisfied than by suffering Me to fall under my present Afflictions thy Will be done yet with humble importunity I do and shall never leave to implore the assistance of thy Heavenly Spirit that My Cause as I am Thy Vicegerent may not suffer through My weakness or want of Courage O Lord so strengthen and enlighten all the Faculties of my Mind that with clearness I may shew forth thy Truth and manfully endure this bloody Trial that so my Sufferings here may not only glorifie Thee but likewise be a furtherance to My Salvation hereafter Grant this O merciful Father for His sake who suffered for Me even Jesus Christ the Righteous Amen KING CHARLES HIS MESSAGES FOR PEACE I. From CANTERBURY Jan. 20. MDCXLI II. For the Composing of all Differences HIS Majesty perceiving the manifold distractions which are now in this Kingdom which cannot but bring great inconveniencies and mischief to this whole Government in which as His Majesty is most chiefly interessed so He holds Himself by many reasons most obliged to do what in Him lies for the preventing thereof though He might justly expect as most proper for the duty of Subjects that Propositions for the remedies of these evils ought rather to come to Him than from Him yet His Fatherly care of all His People being such that He will rather lay by any particular respect of His Own Dignity than that any time should be lost for prevention of these threatning evils which cannot admit the delays of the ordinary proceedings in Parliament doth think fit to make this ensuing Proposition to both Houses of Parliament that they will with all speed fall into a serious consideration of all those particulars which they shall hold necessary as well for the upholding and maintaining of His Majesty's Just and Regal Authority and for the setling of His Revenue as for the present and future establishment of their Priviledges the free and quiet enjoying of their Estates and Fortunes the Liberties of their Persons the security of the true Religion now professed in the Church of England and the setling of Ceremonies in such a manner as may take away all just offence Which when they shall have digested and composed into one intire body that so His Majesty and themselves may be able to make the more clear Judgment of them it shall then appear by what His Majesty shall do how far he hath been from intending or designing any of those things which the too great Fears and Jealousies of some persons seem to apprehend and how ready He will be to equal and exceed the greatest examples of the most indulgent Princes in their Acts of Grace and Favour to their People So that if all the present Distractions which so apparently threaten the Ruine of this Kingdom do not by the blessing of Almighty God end in an happy and blessed Accommodation His Majesty will then be ready to call Heaven and Earth God and Man to witness that it hath not failed on His part From HUNTINGDON March 15. Upon His Removal to YORK In pursuance of the Former HIS Majesty being now on His remove to His City of York where He intends to make His Residence for some time thinks fit to send this Message to both Houses of Parliament That he doth very earnestly desire that they will use all possible industry in expediting the business of Ireland in which they shall find so chearful a concurrence by His Majesty that no inconvenience shall happen to that service by His absence He having all that Passion for the reducing of that Kingdom which He hath expressed in His former Messages and being unable by words to manifest more affection to it than He hath endeavoured to do by those Messages having likewise done all such Acts as he hath been moved unto by His Parliament therefore if the misfortunes and calamities of His poor Protestant Subjects shall grow upon them though His Majesty shall be deeply concerned in and sensible of their sufferings He shall wash His hands before all the World from the least imputation of slackness in that most necessary and pious work And that His Majesty may leave no way unattempted which may beget a good understanding between Him and His Parliament He thinks it necessary to declare That as He hath been so tender of the Priviledges of Parliament that He hath been ready and forward to retract any Act of His own which He hath been informed hath trencht upon their Priviledges so He expects an equal tenderness in them of His Majesty 's known and unquestionable Priviledges which are the Priviledges of the Kingdom amongst which He is assured it is a Fundamental one That His Subjects cannot be obliged to obey any Act Order or Injunction to which His Majesty hath not given His consent And therefore He thinks it necessary to publish That He expects and hereby requires Obedience from all His loving Subjects to the Laws established and that they presume not upon any pretence of Order or Ordinance to which His Majesty is no party concerning the Militia or any other thing to do or execute what is not warranted by those Laws His Majesty being resolved to keep the Laws Himself and to require Obedience to them from all His Subjects And His Majesty once more recommends to His Parliament the substance of His Message of the twentieth of January last that they compose and digest with all speed such Acts as they shall think fit for the present and future establishment of their Priviledges the free and quiet enjoying their Estates and Fortunes the Liberties of their Persons the security of the true Religion now professed in the Church of England the maintaining His Majesties Regal and Just Authority and setling His Revenue His Majesty being most desirous to take all fitting and just wayes which may beget a happy understanding between Him and His Parliament in which He conceives His greatest Power and Riches do consist III. From NOTTINGHAM Aug. 25. MDCXLII When He set up His Standard By the Earls of Southampton and Dorset Sir John Culpepper Knight Chancellour of the Exchequer and Sir W. Wedale Knight WE have with unspeakable grief of heart long beheld the distractions of this our Kingdom Our very Soul is full of anguish until We may find some remedy to
the end of the last Session was not to challenge Tonnage and Poundage as of Right but de bene esse shewing you the Necessity not the Right by which I was to take it until I had it granted unto Me assuring My self according to your general professions that you wanted time not will to grant it unto Me. Wherefore now having opportunity I expect that without loss of time you make good your professions and so by passing the Bill put an end to all Questions arising from this subject especially since I have cleared all scruples that may trouble you in this business To conclude Let us not be jealous of one anothers Actions for if I had been easily moved at every occasion the Order made on Wednesday last might have made Me startle there being some shew to suspect that you had given your selves the liberty to be Inquirers after Complaints the words of your Order being somewhat largely penned but looking into your Actions I find you here only Complainers not seeking Complaints for I am certain you neither intend nor desire the liberty to be Inquisitors after mens Actions before particular Complaints be made This I have spoken to shew how slow I am to believe harshly of your Proceedings likewise to assure you that the Houses Resolution not particular mens speeches shall make Me judge well or ill Not doubting but according to mine example you will be deaf to ill reports concerning Me until My Words and Actions speak for themselves but this Session beginning with Confidence one towards the other it may end with a perfect good understanding between us which God grant XV. To the Lords and Commons in Answer to their Petition for a Publick Fast January 31. MDCXXVIII IX MY Lords and Gentlemen the chiefest motive of your Fast being the deplorable estate of the Reformed Churches abroad is too true and our duties are so much as in us possibly lyeth to give them help But certainly Fighting will do them more good than Fasting Though I do not wholly disallow the latter yet I must tell you that this Custom of Fasts every Sessions is but lately begun and I confess I am not so fully satisfied with the necessity of it at this time Yet to shew you how smoothly I desire our business to go on eschewing as much as I can Questions and Jealousies I do willingly grant your request herein But with this note that I expect that this shall not hereafter be brought into Precedent for frequent Fasts except upon great occasions As for the Form and Time I will advise with My Lords the Bishops and then send you a particular to both Houses XVI To the House of Commons in Answer to their Declaration concerning Tonnage and Poundage Feb. 3. MDCXXVIII IX YOur Declaration being somewhat long may by reason require some time to reply unto it since as most of you cannot but judge that this giveth Me no satisfaction Therefore I shall give you some short Notes upon it I cannot think that whereas you alledge that the Bill of Tonnage and Poundage was brought in against the Priviledge of your House that you will offer to take so much Priviledge from any one of your Members as not to allow them the liberty to bring in any Bill whatsoever though it be in your power when it is brought in to do with it what you think good And I cannot imagine how coming hither only by My Power and to treat of things I propound unto you you can deny Me that Prerogative to recommend or offer any Bill unto you Though in this particular I must profess that this Bill was not to have been offered you in My Name as that Member of your House can bear Me witness As for the cause of delay of My business being Religion there is none of you shall have a greater care for the true preservation of it than My self which since it is confessed by your Answer ye must either think I want Power which cannot be or that I am very ill-counselled if it be in such danger as you affirm Though I may say much of this point I will say no more but that for all this I shall not stop My Ears unto you upon this subject so that in form and matter you transgress not your limits As for Tonnage and Poundage I do not desire it out of greediness being perswaded you will make no stop in it when you take it in hand as out of a desire to put an end to all Questions that daily arise between Me and some of My Subjects thinking it a strange thing if you should give ear unto those Complaints and not take the sure and speedy way to decide them Besides I must think it strange that this business of Religion should be only a hinderer of My Affairs whereas I am certainly informed that all other things go on according to their ordinary course Therefore I must still be instant with you that you proceed with this business of Tonnage and Poundage with diligence not looking to be denied in so just a desire And you must not think it much if finding you slack I shall give you such further quickening as I find cause XVII To the House of Lords at the Dissolving of His Third Parliament at WESTMINSTER Mar. 10. MDCXXVIII IX MY Lords I never came here upon so unpleasing an occasion it being the Dissolution of a Parliament Therefore men may have some cause to wonder why I should not rather chuse to do this by Commission it being a general Maxime of Kings to leave harsh Commands to their Ministers Themselves only executing pleasing things Yet considering that Justice as well consists in reward and praise of Vertue as punishing of Vice I thought it necessary to come here to day to declare to you My Lords and all the world that it was merely the undutiful and seditious carriage of the Lower House that hath caused the Dissolution of this Parliament and that You My Lords are so far from being causes of it that I take as much Comfort in your dutiful demeanours as I am justly distasted with their Proceedings Yet to avoid mistakings let Me tell you that it is so far from Me to adjudge all that House guilty that I know there are many there as dutiful Subjects as any in the world it being but some few Vipers among them that cast this Mist of undutifulness over most of their Eyes Yet to say truth there was a good number there that would not be infected with this Contagion insomuch that some did express their duties in speaking which was the general fault of the House the last day To conclude As these Vipers must look for their reward of punishment so you My Lords may justly expect from Me that Favour and Protection that a Good King oweth to His loving and dutiful Nobility And now My Lord Keeper do what I have commanded you XVIII To the Speaker of the House of Commons April MDCXL MAster Speaker I
The Authors of the many Innovations in Doctrine and Ceremonies the Ministers that have been scandalous in their lives have been so terrified in just Complaints and Accusations that we may well hope they will be more modest for the time to come either inwardly convicted by the sight of their own folly or outwardly restrained by the fear of punishment The Forests are by a good Law reduced to their right bounds the encroachments and oppressions of the Stannary Courts the Extortions of the Clark of the Market and the Compulsion of the Subject to receive the Order of Knight-hood against his will paying of Fines for not receiving it and the vexatious proceedings thereupon for levying of those Fines are by other beneficial Laws reformed and prevented Many excellent Laws and provisions are in preparation for removing the inordinate power vexation and usurpation of Bishops for reforming the pride and idleness of many of the Clergy for easing the people of unnecessary Ceremonies in Religion for censuring and removing unworthy and unprofitable Ministers and for maintaining godly and diligent Preachers through the Kingdom Other things of main importance for the good of this Kingdom are in proposition though little could hitherto be done in regard of the many other more pressing businesses which yet before the end of this Session we hope may receive some progress and perfection The establishing and ordering the Kings Revenue that so the abuse of Officers and superfluity of expences may be cut off and the necessary disbursements for His Majesties Honour the defence and government of the Kingdom may be more certainly provided for The regulating of Courts of Justice and abridging both the delaies and charges of Law-suits The setling of some good courses for preventing the exportation of Gold and Silver and the inequality of exchanges betwixt us and other Nations for the advancing of native Commodities increase of our Manufactures and well-balancing of Trade whereby the stock of the Kingdom may be increased or at least kept from impairing as through neglect hereof it hath done for many years last past for improving the Herring-fishing upon our own Coasts which will be of mighty use in the imployment of the poor and a plentiful Nursery of Mariners for inabling the Kingdom in any great action The Oppositions Obstructions and other Difficulties wherewith we have been encountred and which still lye in our way with some strength and much obstinacy are these The malignant party whom we have formerly described to be the Actors and Promoters of all our Misery they have taken heart again They have been able to prefer some of their own Factors and Agents to degrees of Honour to places of Trust and imployment even during the Parliament They have indeavoured to work in His Majesty ill impressions and opinions of our proceedings as if we had altogether done our own work and not his and had obtained from Him many things very prejudicial to the Crown both in respect of Prerogative and Profit To wipe out this Slander We think good ouly to say thus much That all that we have done is for His Majesty His Greatness Honour and Support When we yielded to give twenty five thousand pounds a month for the relief of the Northern Countries this was given to the King for he was bound to protect His Subjects they were His Majesties evil Counsellors and their ill instruments that were actors in these Grievances which brought in the Scots and if His Majesty please to force those who were the Authors of this War to make satisfaction as He might justly and easily do it seems very reasonable that the people might well be excused from taking upon them this burthen being altogether innocent and free from being any causes of it When we undertook the charge of the Army which cost above 50000 pound a month was not this given to the King was it not His Majesties Army were not all the Commanders under contract with His Majesty at higher rates and greater wages then ordinary And have not we taken upon us to discharge all the brotherly assistance of three hundred thousand pounds which we gave the Scots was it not toward repair of those damages and losses which they received from the Kings Ships and from His Ministers These three particulars amount to above eleven hundred thousand pounds besides His Majesty hath received by Impositions upon Merchandise at least four hundred thousand pounds so that his Majesty hath had out of the Subjects purse since the Parliament began one million and an half and yet these men can be so impudent as to tell His Majesty that we have done nothing for Him As to the second branch of this Slander we acknowledge with much thankfulness that his Majesty hath passed more good Bills to the advantage of the Subjects then have been in many Ages but withall we cannot forget that these venomous counsels did manifest themselves in some endeavours to hinder these good Acts. And for both Houses of Parliament we may with truth and modesty say thus much That we have ever been careful not to desire any thing that should weaken the Crown either in just Profit or useful Power The Triennial Parliament for the matter of it doth not extend to so much as by Law we ought to have required there being two Statutes still in force for a Parliament to be once a year and for the manner of it it is in the Kings power that it shall never take effect if he by a timely summons shall prevent any other way of assembling In the Bill for continuance of this present Parliament there seems to be some restraint of the Royal power in dissolving of Parliaments not to take it out of the Crown but to suspend the execution of it for this time and occasion onely which was so necessary for the Kings own security and the publick Peace that without it we could not have undertaken any of these great charges but must have left both the Armies to disorder and confusion and the whole Kingdom to blood and rapine The Star-chamber was much more fruitful in oppression then in profit the great Fines being for the most part given away and the rest stalled at long times The Fines of the High-Commission were in themselves unjust and seldom or never came into the Kings purse These four Bills are particularly and more specially instanced in the rest there will not be found so much as a shadow of prejudice to the Crown They have sought to diminish our reputation with the people and to bring them out of love with Parliaments the aspersions which they have attempted this way have been such as these That we have spent much time and done little especially in those Grievances which concern Religion That the Parliament is a burthen to the Kingdom by the abundance of Protections which hinder Justice and Trade and by many Subsidies granted much more heavy then any they formerly endured To which there is a ready answer
for the Defence of themselves their Religion and Liberty and strengthen the Malignant and Popish Army raised against them which they made appear by their humble Answer to those Alterations and Articles which are herewith at large published and therefore do refer themselves thereunto And in the interim while His Majesty was considering of this their humble Answer they gave power to their Committee to treat upon the two first Propositions for four days which afterwards they enlarged to the end of twenty days And within some distance of time afterwards they received a very long Message from His Majesty which indeed carried not with it the face or semblance of a Treaty but in plain down-right language was a bitter Invective against the two Houses of Parliament and their Proceedings so that by this time it might very well appear That the enemies of the Kingdoms Peace so really prosecuted and likely to be effected by the earnest endeavours of both Houses thought it high time to cast in their tares of Sedition to prevent the growth of so blessed a fruit In this Message after very heavy Taxes and unjust Scandals and Accusations laid to their charge forced in quite besides the question His Majesty condescended to the Cessation in manner as was agreed on by both Houses to continue only for five days expecting a liberty notwithstanding to be given the Committee to word it according to the real Intention and so that His Majesty might not be understood to consent to any Imposing upon Levying Distraining or Imprisoning of His Subjects to force them to Contribute expresly protesting against it and inhibiting His Subjects to submit thereunto and requiring them to resist and so that there might not be a liberty for Seizing upon His Subjects by any Soldiers of the Army for not submitting to such Impositions Which offer of His Majesty's being but a Cessation only for five days and some part of that time to be first spent by the Committee in wording of it and limited with a Protestation against and a Command to resist that Power whereby their Forces must be paid and supported which if not answered and justified would by a consent to His Majesty's offer imply a declining of that power which might indanger the Disbanding of their Army and if answered would necessarily have enforced them to some sharpness of language which the enemies of this Treaty would easily take occasion to quarrel at and perswade His Majesty to break off which the Lords and Commons out of their hearty zeal to bring it to a happy conclusion did purposely avoid therefore they did not only pass by these Scandals and unjust Accusations laid to their charge by that Message but purposely declined to enter into any dispute of their power for maintaining the Forces raised for their own necessary defence and therefore thought it best to spend the remainder of the time in Treating upon the Propositions and for that end enjoyned their Committee as much as in them lay to hasten it especially that part touching the Disbanding which being concluded would not only produce a temporary Cessation but an absolute abolition of all acts of Hostility The proceedings and issue of which Treaty the Lords and Commons think it necessary to publish to the Kingdom to the end the sincerity of their endeavours to procure a happy settlement of these miserable Distractions may appear When they perceived that the most part of the time prescribed for the Treaty was like to be spent about the Cessation they gave power to their Committee in the mean time to treat upon the Propositions in order as they had formerly Voted and therefore beginning with His Majesty's first Proposition whereby His Majesty demanded That his own Revenue Magazines Towns Forts and Ships which had been taken or kept from Him by force should be forthwith restored unto Him the Lords and Commons by their Committee made Him this humble Answer First That as to his Revenue they had not made use of it but in a small proportion and a good part of that was employed for the maintenance of His own Children according to the allowance established by Himself That what should remain due to His Majesty they would satisfy and would leave the same to His Majesty for the time to come They likewise thereupon propounded to His Majesty That He would restore what had been taken for His use upon any of the Bills assigned to other purposes by several Acts of Parliament as out of the provision made for the Wars of Ireland Which offer of theirs after some debate thereupon with the Committee was thought reasonable and in effect concluded And as to the Demand of the Towns Forts and Ships they in substance gave this humble Answer That they would deliver up such as remained in their hands into the hands of such persons of worth quality and trust to be nominated by His Majesty as the two Houses of Parliament should confide in none of which persons to be removed during three years next ensuing without just cause to be approved of by both Houses That the Warden of the Cinque-Ports and all Governours and Commanders of Towns Forts and Castles should keep the same respectively for the Service of His Majesty and the Safety of the Kingdom and that they should not admit into them any Forein Forces or any other Forces raised without His Majesty's Authority and Consent of the two Houses of Parliament and they should use their uttermost endeavours to suppress all Forces raised without such Authority and Consent and seize all Arms and Ammunition provided for any such Forces Unto which Offer of theirs His Majesty gave this conclusive Answer That His Majesty did not intend that both Houses of Parliament should express their Confidence of the persons to whose trust the Cinque-Ports or other His Majesty's Towns and Forts were or should be committed but that they should have liberty to proceed against them according to Law His Majesty claiming the nomination and free election to belong to Him of right And to the Clause concerning the admission of Forces into those Forts Castles and Towns His Majesty would consent no further than these general terms that is That no Forces raised or brought in contrary to Law should be admitted and that all Arms and Ammunition should be seized upon which by the Laws and Statutes of the Kingdom they ought to seize They made the like Answer concerning the Ships That they should be delivered into the hands of such a Noble Person as His Majesty should nominate to be Lord High-Admiral of England and the two Houses of Parliament confide in To which Offer his Majesty refused His Consent declaring His Resolution to insist upon what by Law was His own as His Majesty was pleased to express it and taken from Him should be restored unto Him without any conditioning or new limitations to be put upon Him or His Ministers And now the Lords and Commons will refer it to the World
the Lieutenant and Judges there should be nominated by the two Houses of Parliament as is expressed in the twentieth Proposition who will recommend none to be imployed by his Majesty in places of so great trust but such whose known Ability and Integrity shall make them worthy of them which must needs be best known to a Parliament nor are they to have any greater Power conferred upon them by the granting this Proposition then they have had who did formerly execute those places And we know no reason why your Lordships should make difficulty of his Majesties consenting to such Acts as shall be presented unto him for raising Moneys and other necessaries from the Subject which is without any charge to himself for no other end but the settling of the true Protestant Religion in that Kingdom and reducing it to his Majesties Obedience for which we hold nothing too dear that can be imployed by us And we cannot but wonder that your Lordships should make the prosecution of the War of Ireland which is but to execute Justice upon those bloody Rebels who have broken all Laws of God and Man their Faith their Allegiance all bonds of Charity all rules of Humanity and humane Society who have Butchered so many thousands of Innocent Christians Men Women and Children whose Blood cries up to Heaven for Vengeance so many of his Majesties Subjects whose Lives he is bound to require at their hands that spilt them and to do Justice upon them to put away innocent Blood from himself his Posterity the whole Land these execrable Antichristian Rebels who have made a covenant with Hell to destroy the Gospel of Christ and have taken up Arms to destroy the Protestant Religion to set up Popery to rend away one of his Majesties Kingdoms and deliver it up into the hands of Strangers for which they have negotiations with Spain and other States a War which must prevent so much mischief do so much good offer up such an acceptable Sacrifice to the Great and Just God of Heaven who groans under so much Wickedness to lie so long unpunished a War which must reduce that Kingdom unto his Majesties Obedience the most glorious work that this Kingdom can undertake that the prosecution of such a War your Lordships should make to depend upon any other condition that the Distractions of these Kingdoms should be laid as an impediment unto it and that there should be any thought any thing which should give those Rebels hope of impunity if our Miseries continue whereas according to Christian reason and the ordinary course of God's Providence nothing can be more probable to continue our Miseries then the least connivence in this kind What can be said or imagined should be any inducement to it We hope not to make use of their help and assistance to strengthen any party here to bring over such Actors of barbarous Cruelties to exercise the same in these Kingdoms We desire your Lordships to consider these things and that nothing may remain with you which may hinder his Majesty from giving his Consent to all good means for the reducing of Ireland according to what is desired by us in our Propositions The King's Commissioners Reply to the two last Papers The King's Commissioners Paper 20. February WE are very sorry that our Answers formerly given to your Lordships in the business of the Cessation which was so necessary to be made and being made to be kept have not given your Lordships satisfaction and that your Lordships have not rather thought fit to make the reasonableness of your Propositions concerning Ireland appear to us or to make such as might be reasonable in the stead then by charging his Majesty with many particulars which highly reflect upon his Honour to compel us to mention many things in Answer to your Lordships Allegations which otherwise in a time of Treaty when we would rather endeavour to prevent future Inconveniences then to insist on past mistakes we desired to have omitted And we can no ways admit that when the Cessation was made in Ireland his Majesties Protestant Subjects there could have subsisted without that Cessation nor that the War can be maintained and prosecuted to the subduing the Rebels there so long as the War continues in this Kingdom which are the chief grounds laid for the Assertions in your Lordships first Paper delivered this day concerning the business of Ireland Neither can we conceive that your Lordships have alleged any thing that could in the least degree satisfie us that his Majesty had no Power to make that Cessation or had no Reason so to do considering as we have formerly said and do again insist upon it that by that Cessation which was not made till long after this Kingdom was embroiled in a miserable War the poor Protestants there who for want of Supplies from hence were ready to famish and be destroyed were preserved and that Kingdom kept from utter Ruin so far was it from being a design for their Destruction or for the advantage of the Popish bloody Rebels as is insinuated for it appears by the Letters of the Lords Justices of Ireland Sir William Parsons and Sir John Borlase and of the Council there of the fourth of April 1643. before that Cessation made directed to the Speaker of the House of Commons a Copy whereof we delivered to your Lordships though we presume you may have the Original That His Majesties Army and good Subjects there were in danger to be devoured for want of needful Supplies forth of England and that His Majesties Forces were of Necessity sent abroad to try what might be done for sustaining them in the Country to keep them alive until Supplies should get to them but that design failing those their hopes were converted into astonishment to behold the Miseries of the Officers and Souldiers for want of all things and all those Wants made unsupportable in the want of Food and divers Commanders and Officers declaring they had little hope to be supplied by the Parliament pressed with so great importunity to be permitted to depart the Kingdom as that it would be extreme difficult to keep them there And in another part of that Letter for we shall not grieve you with mention of all their Complaints they expressed That they were expelling thence all Strangers and must instantly send away for England thousands of poor despoiled English whose very eating was then unsupportable to that place that their Confusions would not admit the writing of many more Letters if any for they had written divers others expressing their great Necessities And to the end His Majesty and the English Nation might not irrecoverably and unavoidably suffer they did desire that then though it were almost at the point to be too late supplies of Victuals and Ammunition in present might be hastned thither to keep life until the rest might follow there being no Victual in the store nor a hundred Barrells of Powder a small proportion to defend
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 to be incapable of any Pardon from His Majesty His Heirs or Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided 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 making of the said Act or Proposition to the end that City may be fully assured it is not the intention of the Parliament to take from them any Priviledges or Immunities in raising or disposing of their Forces which they have or might have used or injoyed heretofore The like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit XIV 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 One and Twentieth 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 Twentieth 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 fourth of June 1644. XV. That an Act be passed in the Parliaments of both Kingdoms respectively for Confirmation of the Treaties passed betwixt the Two Kingdoms viz. the large Treaty the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Barwick of the 29 th of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. for the bringing of Ten Thousand Scots into the Province of Vlster in Ireland with all other Ordinances and Proceedings passed betwixt the Two Kingdoms and whereunto they are obliged by the aforesaid Treaties And that Algernon Earl of Northumberland John Earl of Rutland Philip Earl of Pembroke and Montgomery Robert Earl of Essex Theophilus Earl of Lincoln James Earl of Suffolk Robert Earl of Warwick Edward Earl of Manchester Henry Earl of Stamford Francis Lord Dacres Philip Lord Wharton Francis Lord Willoughby Dudly Lord North John Lord Hunsdon William Lord Gray Edward Lord Howard of Escrich Thomas Lord Bruce Ferdinando Lord Fairfax Master Nathaniel Fiennes Sir William Armyne Sir Philip Stapleton Sir Henry Vane senior Master William Pierrepont Sir Edward Aiscough Sir VVilliam Strickland Sir Arthur Hesilrig Sir John Fenwick Sir VVilliam Brereton Sir Thomas VViddrington Master John Toll Master Gilbert Millington Sir VVilliam Constable Sir John VVray Sir Henry Vane junior Master Henry Darley Oliver Saint-John Esquire His Majesties Solicitor General Master Denzill Hollis Master Alexander Rigby Master Cornelius Holland Master Samuel Vassal Master Peregrine Pelham John Glyn Esquire Recorder of London Master Henry Marten Master Alderman Hoyle Master John Blakeston Master Serjeant VVilde Master Richard Barwis Sir Anthony Irby Master Ashurst Master Bellingham and Master Tolson Members of both Houses of the Parliament of England shall be the Commissioners for the Kingdom of England for Conservation of the Peace between the Two Kingdoms to act according to the Powers in that behalf exprest in the Articles of the large Treaty and not otherwise 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 XVI That an Act be passed in the Parliaments of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30 th day of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. Qualification That the persons who shall expect no pardon be only these following Rupert and Maurice Count Palatines of the Rhene James Earl of Derby John Earl of Bristol VVilliam Earl of Newcastle Francis Lord Cottington George Lord Digby Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Derry Sir William Widdrington Colonel George Goring Henry Jermin Esquire Sir Ralph Hopton Sir John Biron Sir Francis Doddington Sir John Strangwayes Master Endymion Porter Sir George Radcliffe Sir Marmaduke Langdale Henry Vaughan Esquire now called Sir Henry Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde now called Sir Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddell junior Sir John Culpepper Master Richard Lloyd now called Sir Richard Lloyd Master David Jenkins Sir George Strode George Carteret Esquire now called Sir George Carteret Sir Charles Dallison Knight Richard Lane Esquire now called Sir Richard Lane Sir Edward Nicholas John Ashburnham Esquire Sir Edward Herbert Knight His Majesties Attorney General Earl of Traquaire Lord Harris Lord Rae George Gourdon sometime Marquess of Huntley James Graham sometime Earl of Montross Robert Maxwell late Earl of Nithisdale Robert Dalyell sometime Earl of Carnwarth James Gordon sometime Viscount of Aboyne Lodowick Linsey sometime Earl of Crawford James Ogleby sometime Earl of Airley James Ogleby sometime Lord Ogleby Patrick Ruthen sometime Earl of Forth James King sometime Lord Itham Alester Macdonald Irwing younger of Drunim Gordon younger of Gight Lesley of Auchentoule Colonel John Cockram Graham of Gorthie Master John Maxwell sometime pretended Bishop of Rosse and all such others as being Processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. Qualification All Papists and Popish Recusants who have been now are or shall be actually in Arms or voluntarily assisting against the Parliaments or Estates of either Kingdom and by name The Marquess of VVinton Earl of VVorcester Edward Lord Herbert of Ragland Son to the Earl of VVorcester Lord Brudenell Carel Molineaux Esquire Lord Arundel of VVardour Sir Francis Howard Sir John VVinter Sir Charles Smith Sir John Preston Sir Bazill Brook Lord Audley Earl of Castlehaven in the Kingdom of Ireland VVilliam Sheldon of Beely Esquire Sir Henry Beddingfield 3. Qualification All persons who have had any hand in the plotting designing or assisting the Rebellion of Ireland except such persons who having only assisted the said Rebellion have rendred themselves or come in to the Parliament of England 4. Qualification That Humfrey Bennet Esquire Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Leè Sir John Pate John Ackland Edmund Windham Esquire Sir John Fitz-herbert